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Thursday, April 14, 2022

GUIDE TO THREE ZONING ARTICLES FOR 2022 ANNUAL TOWN MEETING

A number of zoning Articles are before Annual Town Meeting this year, and of those endorsed by the Arlington Redevelopment Board (ARB), we support or are neutral on many.  However, we oppose the three Articles discussed below, and hope you will contact your Town Meeting members and ask them to vote No on Articles 38, 39, and 41.  See below for contact information, letter template, talking points, etc.

 

ARTICLE 38

ZONING BYLAW AMENDMENT/TWO FAMILY CONSTRUCTION ALLOWED BY RIGHT IN R0 AND R1 RESIDENTIAL ZONES

Article 38 would allow two-families by right in R0 and R1 districts, ending single-family zoning.  So far, a revised motion from the Arlington Redevelopment Board and a citizen's amendment have been submitted.  The revised motion would limit the size of each duplex unit to 1,850 square feet of heated living space; and the Newton amendment would allow construction of larger units as long as the portion greater than 1,850 square feet is unheated for the first three years.  The amendment opens up all kinds of loopholes for developers.  Under the ARB restriction, the principal structure, excluding any ADUs, was limited to 3,700 square feet in two and a half stories.  The Newton amendment opens the door for a developer to put that 3,700 square feet into the first two floors, with another "unheated" 925 square feet into the upper half story.  All of the floors could be finished and air-conditioned, and so used for many months of the year, but the upper half story could not be "legally" heated for the first three years.  Each condo would be 2,300 square feet, likely selling for $1.2M or more.  The entire structure could be a massive 4,625 square feet, larger than all but 40 single family homes in R1.  

We recommend a no vote on Article 38, and all amendments, for the possible consequences mentioned above, and for the following reasons:  

 Unclear intent. 

The proponents have acknowledged that this Article it isn’t about adding more-affordable housing, but about providing “choice.”  Given that new duplex units are listing at $1M and up, this means choice for buyers who can afford those prices, not for the middle-and lower-income buyers whose options are much more limited.  Article 38 will do nothing to make Arlington more diverse, more equitable, or more inclusive. 

 

 Failure to meet ARB requests for supporting information.

A very similar Article was proposed in 2020.  At that time the ARB asked for comparative studies, and a plan for education and outreach.  Neither was provided.  This year the ARB made the same requests, and again, neither has been provided.  

 

 Lack of evidence that increasing market rate housing does anything to ameliorate the lack of attainable and affordable housing.  

The proponents provided two links to info from Minneapolis, where upzoning was enacted several years ago.  Both sources acknowledge that property values have since increased, but say nothing about the effect on attainable housing.  A body of research indicates that upzoning drives up nearby property values and draws higher-income buyers to communities with desirable amenities, such as Arlington.  Housing units enabled by Article 38 will not be affordable.  Low- and middle-income buyers trying to purchase a modest home will be outbid by developers who profit by replacing small affordable houses with two or more housing units.  This isn’t speculation: In every recent case where a single family has been demolished in an R2 district, each new duplex unit has sold for more than the demolished structure. 


 

 Unintended consequences.

A 900 sq. ft. Accessory Dwelling Unit is allowed to be added to each of the two 1,850 sq. ft. units in two-family houses (the size limit suggested in the ARB amendment to Article 38).  Article 38 actually enables four-family homes on each lot in a single-family district.  The size of such a structure could be huge, as much as 5,500 sq. ft.   

 

Article 38 will accelerate population growth, leading to an increase in taxes town-wide as increased costs of infrastructure, schools, services, etc. rise along with increasing population.  Multi-million dollar overrides will become more common.  Residents on fixed incomes, especially our older residents, will be hard hit. 

 

Article 38 would contribute to acceleration of climate change by exacerbating sustainability issues including tree loss, loss of embodied energy in teardown activity, and the large energy consumption of construction.  At the very least, new construction enabled by Article 38 should be required to be NetZero.

 

 Lack of endorsement.

Two members of the ARB have voted No Action on Article 38, citing concerns about a lack of coherence with a comprehensive plan, such as that recommended by our Master Plan.  The Master Plan Implementation Committee has likewise voted No Action. 

 Amendments to limit living space wouldn’t offset the negative effects

A maximum living space amendment would do little to prevent the harm this Article would cause, as most Arlington single family lots are 5-6,000 square feet. The units would still be built to the largest size and sales price possible, driving teardowns. Increase in load on services, schools, traffic and infrastructure would be the same.  And as allowed by the most recent amendment, the 1,850 square foot per unit restriction would be moot after three years. 

Allowing two-families in all residential districts by right should not be an experiment.  If enacted, it should be supported by studies, and should consider the input of affected property owners.  We urge you to ask your Town Meeting Members to vote NO on Article 38, and on the living space size-restricted Amendments. 


To learn more, please visit:


 

ARTICLE 39

ZONING BYLAW AMENDMENT/INCREASED FLOOR AREA RATIO FOR MIXED USE STRUCTURES 

 

Article 39 would allow mixed-use structures in our commercial districts to increase their Floor Area Ratio by an as-yet unspecified amount. The proponent suggested an increase of almost four times our current FAR, which is at least double that of similar communities; the ARB then recommended essentially a doubling of our current FAR for most instances.  We oppose Article 39 for the following reasons: 

 

 Lack of understanding of how FAR interacts with other regulations.

FAR is a complex calculation, and must take into account many aspects of a site’s particular limitations, including but not limited to Open Space requirements, allowed height, setbacks, etc.  The proponent has not presented comparative studies from other communities, or a justification for the change here. 

 

 Impact on struggling business districts.

In 2019 a Mixed-use Bylaw was passed which intended to drive renewal of our business districts by amending their allowed uses to provide larger structures and greater residential use.  The mixed-use projects that have been proposed and completed since then have instead created buildings that are almost entirely residential with token office space on the ground floor.  Allowing even larger mixed-use buildings will further the inroads of residential uses, and weaken our already struggling business districts, as well as encouraging enormous residential buildings without the parking, setback, or open space normally provided to residents of multi-unit buildings.  

 

Our business districts deserve better. We urge you to ask your Town Meeting Members to vote NO on Article 39 and an insufficiently researched "compromise"  FAR-doubling Amendment.


 

ARTICLE 41

ZONING BYLAW AMENDMENT/APARTMENT PARKING MINIMUMS 

 

Article 41 would reduce or remove the required parking space minimum per unit in apartment buildings.  We oppose it for the following reasons: 

 

 Impact on 2-car families.

We all want to work for a less car-dependent world, but we’re not there yet.  Many of the tenants of the apartment buildings affected by this proposal work jobs that are in locations, or that have hours, that make public transportation problematic for them.  Especially for those in East Arlington, parking is already limited.  Further, the ARB already has the power to reduce parking requirements in certain situations.

 

We urge you to ask your Town Meeting Members to vote NO on Article 41.

 

________________________________________

 

 

Town Meeting Members will vote on these Articles and others at our Annual Town Meeting, which begins April 25.  Please contact your Town Meeting Members and ask for their NO vote on Articles 38, 39, and 41, using these resources:

 

Find out what Precinct you live in:

https://www.arlingtonma.gov/home/showpublisheddocument/58918/637739538761300000

 

Find your Town Meeting Members’ email and telephone contact info:

https://www.arlingtonma.gov/home/showpublisheddocument/60527/637850149936870000

 

Send an email to Town Meeting Members, using link above.  

Start with the 12 in your precinct. 

 

Use our template for ideas on what to say:

http://template22.arfrr.org

 

Include the link to our flyer or download and attach Article 38 Flyer: 

http://flyer.arfrr.org

 

Call Town Meeting Members Using link above.

Start with your precinct, and get your friends and neighbors to call too.

 

Use our Article 38 Talking Points: 

http://talkingpoints22.arfrr.org