Nearly Eighty Trees Razed in Arlington Heights

 

Nearly Eighty Trees Razed in Arlington Heights

Just shy of 80 trees were razed, along with two multi-family homes - one of them on our Historic Structures Inventory - at the site of 1021-1025 Mass Avenue in Arlington Heights near Brattle Street. The trees were removed to make way for what the developers of “The Majestic Millbrook” describe as “50 luxury condominiums.” Their website goes further with the claim that this building will provide its residents with “the pinnacle of luxury living” and offer “an unmatched lifestyle where luxury knows no bounds.”

The developers of the project received numerous waivers from Arlington’s Zoning Board of Appeals (ZBA), one of which exempted them from paying any fees to the Town for removing the 79 trees in question. While monetary compensation can hardly negate the environmental impact of a project such as this upon the town, such compensation is legally mandated under our town’s established Tree Bylaw. Yet the developer did not pay any fees for removing trees as a deal was worked out whereby they would “improve” the banks of the brook behind the property instead. The details of this alternative deal are unclear, as is the mechanism by which the developer might be held accountable such that their contributions are appropriate and meaningful.

The giant sycamore was removed.

As these photos demonstrate, the leveling of this site resulted in a large loss to our tree canopy, and to trees that fronted and abutted the property but could be enjoyed by the public at large. The site plan suggests that the new compound will include four small trees in the front setback area. A meadow with shrubs and small saplings - an "urban garden" - will be located behind the building. 

Title V, Article 16 of our Bylaws states that “preservation of the tree canopy and planting of replacement trees is essential to preserving the character and aesthetic appearance of the Town and maintaining quality of life and the environment in the Town. Trees improve air quality, protect from heat and glare, reduce noise pollution, limit topsoil erosion and stormwater runoff, provide natural flood control, enhance property values, contribute to the distinct character of neighborhoods, and offer natural privacy to neighbors.”

This bylaw formalizes our Town’s recognition of the role that our tree canopy plays in mitigating the accelerating effects of climate change. Yet our Tree Bylaw cannot serve its intended purpose if the Redevelopment Board and the Zoning Board of Appeals (ZBA) choose not to enforce it.  

Arlington’s ZBA granted the developers of this project numerous additional waivers exempting them from Arlington's Bylaws regarding location, height, Floor Area Ratio (FAR), minimum front yard setback, parking spaces, minimum step backs, and sewer inflow and infiltration fees. How did this development originate, and why did the developer receive so many waivers exempting them from our town’s laws?

What are 40B projects?

The Majestic Millbrook project is a 40B project, which means that 25% of the units will be designated “affordable” while the rest will be priced according to what the market in Arlington will bear. Prices for the “affordable” units are set according to a formula based upon the area’s median income (AMI), which fluctuates over time. Under the state formula, individuals and families with incomes up to 80% of current AMI will be eligible to apply for the affordable units, and the price will be set such that 30% of the applicants’ monthly income will go toward their housing costs. In 2023 a family of four was eligible to apply for an affordable unit in a 40B if they earned up to $119,440 annually. (Based on data for the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area: https://www.huduser.gov/portal/datasets/il/il2023/2023MedCalc.odn?inputname=METRO14460MM1120*Boston-Cambridge-Quincy%2C+MA-NH+HUD+Metro+FMR+Area&selection_type=hmfa&year=2023&wherefrom=mfi&incpath=%24incpath%24)

Under Section 8.2 of Arlington's own Inclusionary Zoning Bylaw, Arlington requires 15% of units in developments with six units or more to be affordable, and utilizes a formula designed to help families earning 60% of AMI (Area Median Income) or less in the case of a rental, and 70% of AMI or less in the case of a home purchase. In sum, the HUD formula offers slightly more units, but to those with higher incomes, while Arlington’s pricing of such units is more generous to those with limited incomes. The Select Board at one point recommended that the developer of Majestic Millbrook deepen "the level of affordability for at least half of the 13 affordable units to provide homeownership opportunities for households who make at or below 50% of area median income (AMI) and at an allowed sale price affordable to households who make at or below 50% AMI" (See https://www.arlingtonma.gov/home/showpublisheddocument/61773/637927205267930000). That did not happen.

The Select Board's letter endorsing the project in June of 2022 mentions the issue of tree loss, but simultaneously underestimates how many trees were to be lost (they said 22) and how the heat island effects generated by this project could be mitigated (See this document for the Select Board's comments on tree removal: https://www.arlingtonma.gov/home/showpublisheddocument/61773/637927205267930000 

and this document showing that seventy-nine trees were to be removed: https://www.arlingtonma.gov/home/showpublisheddocument/64961/638175080511030000).

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The state’s 40B statute allows developers leeway to override local laws if a Town has not yet reached the required 1.5% general land area affordability threshold. Local oversight of this project by the Town was limited because Arlington has supposedly not met the state’s benchmark of dedicating 1.5% of our residential, commercial, and industrial land to buildings with affordable units. However, many believe that Arlington does meet the threshold for statutory immunity from 40B projects, and that this could be demonstrated if the Select Board were to update our Subsidized Housing Inventory (SHI) and the inventory of land that is considered ‘developable.’ In particular, some parcels of land in Arlington are incorrectly designated. Most notably, this includes two private graveyards, portions of two country clubs, and several tens of acres that are in the FEMA Regulatory Floodway. In addition, the Town has added more than 3 acres of land counted as affordable since it last updated its inventory. As recently as March 27, 2024, Select Board members Eric Helmuth and John Hurd affirmed their belief that Arlington has reached this threshold but the inventory does not reflect as such.

If the Town would move to correct the errors in the Subsidized Housing Inventory, it could show that it currently meets the state’s threshold and we could regain control over development within Arlington. As such, we could ensure the Town demands that developers follow our Town’s thoughtfully developed Bylaws. Arlington should be doing all that it can to regain authority over development within its purview and to require that developers follow our Bylaws, especially when our tree canopy is at stake.