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Friday, September 22, 2023

What happened at the 9/18 ARB Meeting - new density Articles

 What happened at the 9/18 ARB Meeting - new density Articles

 (where old 2019 density Articles and new density increases were presented)

On an incredibly rainy Monday September 18, the ARB met at the Community/Senior Center.  13 members of the public participated.  The ARB refuses to conduct meetings in hybrid format, with a zoom-type connection for those who cannot join in person, which was particularly a limiting factor in public awareness and participation last night.

The Chair allowed 3 minutes for public comment.  At this meeting, unlike the well attended meeting of 9/11 (see our blogpost here) much of Arlington's comments were silenced at 10pm.   A video of the rainy night meeting is here below:

https://youtu.be/-bu_CAOtLso?si=5hyrpdOdBljUabKE 




The Articles presented were not specifically MBTA density overlay connected, but are being presented by the Town (Planning Dept) to the 4 member ARB for their approval without any public review, awareness, input or changes.   Some comments were made by the ARB members that the public could have heard about these Articles because they were initially presented for Sprint 2023 Town Meeting.  However, they were soon pulled from the Spring Town Meeting and, to our knowledge, absolutely no public meetings, forums, feedback and input sessions at all have occurred on the Articles from this meeting.   

Please review ARFRR's blog for many of the same Articles that the Town put forward to increase density in business districts (and impact abutters in residential districts.  In 2019, the Town Meeting would have rejected the ARB's supported Articles that the Town Planning Department put forward.  In fact Chair Andrew Bunnell made this brief speech to the Town Meeting, apologizing for the Articles and the lack of coordination and involvement with the public and the Town Meeting - and vowed that the ARB would do a better job in the future.  See also video2019.arfrr.org



Fast forward to the rainy night on September 18, 2023 - the Town didn't even present meetings on these articles to the public - unlike in 2019.   At this lightly attended evening, members of the public spoke and suggested that therefore these Articles should not receive ARB support, but a vote of 'no action' and be put off until the next regular Town Meeting, and be presented properly to the town and Town Meeting in the intervening time.  

It is hoped that the ARB realizes that Arlington hasn't had any chance process these Articles, even as they will make major changes in B districts and to abutters - and votes "no action" so that they can be moved to a future Town Meeting - and that the Town Planning Department will conduct better public outreach and opinion gathering.  

These Articles dove-tail with increases in density, and loss of protections for abutters, open space and our town that the MBTA Communities density overlay Act is also proposing, which will also be debated at the Special Town Meeting beginning October 17.   We'd urge you to look over these proposals and to speak with your 12 Town Meeting Members so that they not support this set of very bad proposals for our town.

09/18/23
Redevelopment Board
Arlington Community Center, Main Hall, 27 Maple Street, Arlington, MA 02476

ARTICLE B (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ OPEN SPACE IN BUSINESS DISTRICTS

To see if the Town will vote to amend the Zoning Bylaw to update Section 2 DEFINITIONS, Section 5.3.21 SUPPLEMENTAL REQUIREMENTS IN THE BUSINESS AND INDUSTRIAL DISTRICTS, Section 5.3.22 GROSS FLOOR AREA, and Section 5.5.2 DIMENSIONAL AND DENSITY REQUIREMENTS to modify the requirements for landscaped and usable open space in the Business Zoning Districts; or take any action related thereto.

    ARFRR's concern about the 9/18 ARB Density Articles:

B-Completely eliminates the usable open space requirement for any uses except 1-3 family homes, townhouses, and apartment buildings.  Also redefines usable open space to include roofs and lot areas of any slope.  Also changes the required amount of both usable open space and landscaped open space to be based on lot size rather than building area.  This means an increase in the requirement for homes, but a decrease for larger buildings (any with an FAR >1.0)

ARTICLE C (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ REAR YARD SETBACKS IN BUSINESS DISTRICTS

To see if the Town will vote to amend the Zoning Bylaw to update Section 5.5.2. DIMENSIONAL AND DENSITY REQUIREMENTS to reduce the rear yard setback or to allow for a variable rear yard setback and establish the criteria for such requirements for any use in the Business Districts; or take any action related thereto.

    ARFRR's concern about the 9/18 ARB Density Articles:
C. and D.  These deal with commercial set-backs and step-backs but the drafts are really muddled, as if the person drafting them didn't know one from the other.  I am still trying to figure these out.  It does look like they are trying to make the upper story stepback requirement apply to only one facade of a corner building.

ARTICLE D (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ STEP BACK REQUIREMENTS IN BUSINESS DISTRICTS

To see if the Town will vote to amend the Zoning Bylaw to update Section 2 DEFINITIONS and Section 5 DISTRICT REGULATIONS to clarify and adjust the upper-story building step back to begin at a higher story, clarify the measurement shall be from the principal property line, specify the applicable façades of a building for which the step back is required, and allow for an exemption for smaller parcels for buildings subject to Environmental Design Review with certain exceptions; or take any action related thereto.

    ARFRR's concern about the 9/18 ARB Density Articles:

C. and D.  These deal with commercial set-backs and step-backs but the drafts are really muddled, as if the person drafting them didn't know one from the other.  I am still trying to figure these out.  It does look like they are trying to make the upper story stepback requirement apply to only one facade of a corner building.

ARTICLE E (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ REDUCED HEIGHT BUFFER AREA

To see if the Town will vote to amend the Zoning Bylaw to update Section 5.5.2. DIMENSIONAL AND DENSITY REQUIREMENTS to reduce the rear yard setback or to allow for a variable rear yard setback and establish the criteria for such requirements for any use in the Business Districts; or take any action related thereto.

 ARFRR's concern about the 9/18 ARB Density Articles:

E. Essentially eliminates height buffers even though they try to make it look like they aren't doing so.

ARTICLE F (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/CORNER LOT REQUIREMENTS

To see if the Town will vote to amend Section 5.3.8 CORNER LOTS AND THROUGH LOTS to amend the requirement for corner lots in all Business Districts which requires the minimum street yard to be equal to the required front yard depth; or take any action related thereto.

 ARFRR's concern about the 9/18 ARB Density Articles:

F.  For business districts, eliminates this requirement: A corner lot shall have minimum street yards with depths which shall be the same as the required front yard depths for the adjoining lots, and replaces it with the nominal setbacks for the district (e.g. 0 for mixed use).

ARTICLE G (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / HEIGHT AND STORY MINIMUMS IN BUSINESS DISTRICTS

To see if the Town will vote to amend Section 5.5.2 DIMENSIONAL AND DENSITY REGULATIONS to add a requirement for a minimum height and number of stories in all Business Districts with exceptions; or take any action related thereto.

 ARFRR's concern about the 9/18 ARB Density Articles:
G.  Establishes minimum height and story requirement in the business district.

ARTICLE H (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / ADMINISTRATIVE CORRECTION

To see if the Town will vote to amend the Zoning Bylaw to make the following administrative correction: Amend Section 5.9.2.C.(4), Accessory Dwelling Units Administration, to correct a reference it makes to a re-lettered subsection of Section 8.1.3; or take any action related thereto.

 ARFRR's COMMENT about the 9/18 ARB Density Articles:

H. Administrative.  Removes reference to a nonexistent section of the bylaw.

ARTICLE I (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / RESIDENTIAL USES IN BUSINESS DISTRICTS

To see if the Town will vote to amend the zoning bylaw to alter the use categories of a residential single family home, duplex, or two family home in any of the Business Districts; or take any action related thereto.

ARFRR's concern about the 9/18 ARB Density Articles:

I. Residences in B districts.  This would prohibit one and two-family homes and duplexes in B districts, potentially meaning 1 families could not be converted to two-families, or vice-versa--and making currently allowed homes in the B-districts no longer possible as choices for property owners.

ARTICLE J (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / STREET TREES

To see if the Town will vote to amend the zoning bylaw to require a street tree to be planted for every 25 feet of street frontage for all developments; or take any action related thereto.

 ARFRR's comment about the 9/18 ARB Density Articles:

J. Requirement for the planting of street trees.  (Not sure they can do this either.)

Sunday, September 17, 2023

What Happened at the 9/11 ARB Density Overlay Meeting

 What Happened at the 9/11 ARB Density Overlay Meeting

ACMI Video:


The MBTA Communities Working Group Sends

New Housing Plan to Redevelopment Board





On Monday, September 11th, hundreds of Arlington residents gathered for what turned out to be a dramatic evening. This was the Arlington Redevelopment Board’s first public hearing with public input on the MBTA Communities Act Multi-Family Housing Plan.




On Monday night, the ARB received not just the MBTA Communities Act Working Group’s report and housing plan. They also received public comments, some of which were emotionally charged. The remainder of the meeting was used for discussion and clarification by the members of the Board.




Those of us who stayed to the end of an hour and a half of public comment were gifted with a dramatic shouting match by two angry men on each side of the housing debate. One man was angry because he wasn’t given the opportunity to provide public comment. The other man was being disruptive and yelling because he was angry at the first man who was yelling! The police were called in and quiet was restored in the hall.




It would have been great if there was time for everyone to provide a comment on Monday night. However, the ARB has been handed a ton of work to do in a very short period of time. Following the Monday 9/11 hearing, the ARB has only two more meetings to make modifications and put together what they believe is both a good housing plan, as well as the zoning bylaw amendments that enable it, and one that will pass with a simple majority at the Special Town Meeting, beginning on October 17th.




This remains an iterative process, so we can expect to see needed changes to the MBTA Communities Act Housing Plan before it goes to Town Meeting.


______________________________________________________________________________

THE WORKING GROUP’S PLAN 




The Working Group’s slide show presentation included two multifamily housing map alternatives that the MBTA Communities Act Working Group and the town’s consultant Utile prepared. The plans showed the new housing districts stretched along Mass Ave and Broadway, which would allow new residents quick access to bus lines and businesses. This stretching of the housing districts from east to west also reduces reliance on automobiles and minimizes the impact on any single school district.




The two alternatives were similar in terms of the structure of the districts and the calculated unit capacity. The main difference was the location of the housing in the Heights.

Alternative One:
Heights District with Neighborhood housing on Paul Revere Road


The WG’s recommended Alternative One

extends the Heights Neighborhood housing district south of Mass Ave, along Paul Revere Road, to the Lexington town line. Alternative Two sites the Heights Neighborhood District north of Mass Ave, in the Peirce Road/ Forest Street area around the Old Schwamb Mill.


Alternative Two: 

Heights District with Neighborhood housing at Old Schwamb Mill / Mill Brook Flood Plain




Neither of the two Heights Neighborhood District Alternatives is particularly desirable in their current iteration. Alternative One would allow four story buildings on a topographically challenging steep incline. This alternative might work if the height of the buildings is reduced to 3 story maximum. Alternative Two includes the Old Schwamb Mill and the Mill Brook flood plain, making it a very poor choice.




Both of these alternatives have been sent to the state for pre-adoption compliance testing. Arlington’s Director of Planning and Community Development and the consultant Utile believe that both plans will meet compliance.

 

______________________________________________________________________________

THE 2046 UNIT DEBATE




During the presentation, the public was told multiple times that there would be “no new housing” if the town opted for the minimum compliance of 2046 units. This argument is questionable for a number of reasons. For one, the new MBTA Communities Act Housing Districts already include some very dense housing that could not be built under the new MBTA Communities Housing guidelines. This includes 7 and 8 story housing on Mass Ave, which contain apartments that are smaller than 1000 sf. It is unlikely that those buildings would be redeveloped. So new development within the districts would increase the number of housing units. It’s the parcels with less density that could yield an increase in housing, especially if lots were combined by a developer, which does happen. In fact, we’re seeing this happen at the moment on Mass Ave not far from Brattle Square. This would add to the town’s housing inventory. Additionally, the minimum compliance calculation does not include units on the one bonus floor for tall buildings on Broadway or the two bonus floors on tall buildings on Mass Ave.




That said, this is not an argument in favor of minimum compliance. Arlington needs more housing. And, after all, a minimum compliance plan could still be terrible if, for instance, the new housing is located in the 100-year flood plain or if 4 story buildings are constructed on topographically challenging terrain.


______________________________________________________________________________

A GUN TO WHOSE HEAD?




One seasoned Town Meeting Member who gave public comment characterized the plan as “a gun to the head of Town Meeting.” I see it a little differently: this plan is a significant challenge to the Redevelopment Board. The ARB has an awfully steep hill to climb in a short time to get a good plan together that Town Meeting is willing to pass!


______________________________________________________________________________

WHAT’S NEXT?


Future ARB hearings and meetings:


Monday September 18

ARB continues zoning hearings on other zoning amendments. Agenda includes correspondence




Monday October 2

After receiving public comments, the ARB will deliberate and vote on the main motion for each of the zoning warrant articles, including MBTA-C.




Friday October 6

Date by which Redevelopment Board’s MBTA Communities Act report must be published in time for next hearing




Tuesday October 10

Anticipated (but as yet confirmed) ARB meeting to vote on the report to Town Meeting on the main motion for each of the zoning warrant articles.




Tuesday October 17

First night of Special Town Meeting to debate and vote on the zoning articles.

Note: if Town Meeting does not pass the MBTA Communities Housing Act plan, it will come back to Town Meeting in 2024. The state requires that the town passes a plan by the end of 2024. However, the town will not be able to participate in the Fossil Fuel Free pilot if Town Meeting does not pass MBTA-C this fall.

______________________________________________________________________________

REFERENCES


Recordings:

https://acmi.tv/programs/government/redevelopment-board-meetings/


Agenda:

https://arlington.novusagenda.com/agendapublic/MeetingView.aspx?MeetingID=1913&MinutesMeetingID=-1&doctype=Agenda


Correspondence:

https://arlington.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=16564&MeetingID=1913