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Thursday, June 15, 2023

What happened at the June 8 MBTA Communities Act Density Overlay Public Meeting

 



MBTA Communities Act Density Overlay Public Meeting

June 8, 2023 - Community Center

You might have heard about the MBTA Communities Act that was passed at the end of the Baker administration, and is designed to increase housing density near MBTA transit hubs, in our case, Alewife. The law requires zoning changes in many communities. Some towns have protested the drastic zoning changes that would be required in order not to lose out on several important state aid packages. But, according to the state Attorney General, there isn't a way for any community to opt out. Arlington’s Department of Planning and Community Development created an MBTA Communities Working Group which has been meeting to determine how the Town might meet the new law’s requirements.

Working the tables

It was a good sign that the Working Group's public meeting was well attended Thursday night, June 8, at the Community Center on Maple Street. ACMI made a recording of the meeting you can watch at https://youtu.be/woe8bWuLze8  Slide presentation materials are here: https://www.arlingtonma.gov/home/showpublisheddocument/65774/638219208109359422
After a brief introduction by the Planning department and members of the Working Group, the public forum turned into an activity night on a narrow set of questions.   

Map: no increased density near Alewife but plenty up and down Mass Ave
A map was shown to everyone with the whole length of Mass Ave included in a high density overlay zone.  It was explained that Arlington Center, as a largely historic district, is protected from the Act.

The proposed location of density zones

One of the most-voiced criticisms of the overlays is that they encroach directly on Mass Ave and are not set back by a parcel or two to allow for continued commercial/retail growth along this busy corridor. 

Instead of hearing about the new density overlay law and having a chance to ask questions and hear fellow citizens and Town Officials, selected summaries of a Town survey were presented and then the 120 -150 attendees were instructed to work at tables of 8, discussing just two questions: "What size buildings should Arlington have?" and "How should the density overlay zoning relate to our business districts?"  Even this discussion was controlled, directed, and corrected continually by table 'facilitators.'

Public information and input back to officials and the Working Group about the law and what our legal options are were absent from this event. Each table was allowed to report back to the room on only two subjects: which idea the table most agreed upon, and which idea was not yet agreed upon. A second means of receiving public input was on sticky-notes pasted to a map on each table which would be passed back to the Working Group.   

The main meeting reconvened, we were thanked for attending and were dismissed. No questions, little feedback to the Town, little citizen input to this major change to our community.  

What is required under the Act?  What are our options?

The only part of the meeting that defined what is required

So, what is going on and what can we do about it?

The MBTA density overlay Act is intended to increase residential density to 15 units per acre within the overlay, but it only accepts 3-family or greater zoning. Arlington has, in fact, already achieved that density in some areas, with our small lots and history of being a town on the edge of the urban and the suburban. East Arlington and Arlington as a whole is walkable and close to transit.  We should be the poster-child for the goal and result of such laws. We could easily meet the requirement by allowing for 3-families in some areas, but it appears that the Working Group and some Town Officials want more than minimum compliance.

The regulations require Arlington to rezone at least 32 acres to allow dense housing (at least 15 housing units per acre) by right (without requiring any special permits). The 32 acres can be split into multiple parcels, but one area must be at least half of the re-zoned total, and each sub-district must be at least 5 acres. Collectively, the acreage must allow 2,046 units (10% of Arlington’s current housing stock) by right. That could be 32 acres, each allowing 64 units per acres, or more acreage but with lower maximum densities. 

The regulations actively discourage affordable housing and are likely to result in maximally expensive housing. The Act limits to 10% the affordable housing requirement for all overlay districts. Compare that to our current requirement of 15% affordable housing in buildings with six or more units. Under the Act, less dense, less expensive housing will be replaced with new, denser, more expensive housing. This is what we already see across Arlington: luxury duplexes replacing more modest housing stock.

Town says it will provide overlay district maps following public input…

   

Detail of the map from the Working Group

The June 8 meeting was shown a map that the Working Group is currently proposing, but no details were given about how many acres each area included, how many units per lot the zoning would allow, or how many floors. We were told that Arlington must zone for an additional 10% increase in units above what we already have - an additional 2,046 units, all in a town that's the 2nd densest town in the state (12th most dense if you compare us with the big cities, too). 

The Act isn’t about affordability, just a requirement to make market rate housing

The MBTA Communities Act does little to provide for affordability and in fact it would override our stronger inclusionary zoning affordability rules. Those large buildings included in the Working Group's map up and down Mass. Ave. would be built at higher prices than our old, existing housing.     

Does the Act say that the new overlay will create zoning that will override our stronger affordability and inclusion laws? It isn’t clear, and we were not allowed to talk about it at this meeting. Neither did we get to air questions about compliance because those attending were not allowed to ask. The only point it seems for this meeting was to get reactions to the map-in-progress crafted by the Working Group. 

No public forum, no information on Act compliance
This is not how major changes to a high density community like ours should be made. As the most important stake-holders, we should be involved. We are residents, homeowners and business owners who fund our Town through property taxes and rents. Other stakeholders have been left out, including people on fixed or middle incomes who would like to be able to move here to enjoy our open spaces and tree canopy that would be lost if Town Officials too zealously implement the density overlay.  

What do we deserve and what should we ask of Town Officials about the Act?

  • The public should have the opportunity to ask questions and comment in open forums heard by other residents and officials. 
  • The Town should detail how we can add housing capacity close to Alewife, since that is the goal of the Act. Officials should not use the Act as an opportunity to implement density projects throughout the rest of the town. 
  • The Act should be worked to provide for housing affordability, inclusionary zoning, housing sustainability, and housing diversity. 
  • Town Officials must work to insure that our existing, stronger inclusionary zoning bylaws are not weakened under the Act.
  • Officials should take an approach of compliance and minimal disruption to the taxpayers, residents and businesses.
  • The Working Group has indicated that it desires over-compliance with the Act. The Town should explain why they are pushing for us to exceed the compliance levels required by the state, by at least another 50 %.
  • How will installed rooftop solar panels be protected from cast shadows from tall buildings?

What can we do?

The public should write and call officials at the Select Board, the ARB, the ZBA and the Working Group to demand compliance in the most minimally-disruptive way possible to our community. 

See the ARFRR Contacts page: http://contacts.arfrr.org 

Contact:

Sandy Pooler, Town Manager : spooler@town.arlington.ma.us

Jim Feeney, Asst. Town Mgr: jfeeney@town.arlington.ma.us

Claire Ricker, Director, Department of Planning and Community Development: cricker@town.arlington.ma.us 

The MBTA Working Group:

More information

Robbins LIbrary has published a page on the MBTA density overlay law, which draws on the Town’s current pro-density vision: https://www.robbinslibrary.org/mbta-communities/


— ARFRR Steering Committee





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