The Redevelopment Board will weigh support for a plan which would impose a zoning overlay on every street in Arlington. This means that large buildings with little to no open space or parking would be allowed by right:
Unlike the MBTA Act Overlay, this overlay is not mandated and it would not only apply to an agreed-upon map of vetted parcels. It would apply everywhere;
The proposal would allow developers to acquire and merge small parcels into larger ones to create space for the 35-70 unit multi-family buildings proponents desire;
Development of these buildings would be “by right” such that the Town would have no right of refusal and there would be no means for abutters to object or weigh in;
The plan calls for zoning to allow 4.5 story buildings on any residential parcel, and to allow 7-story buildings on Business or Industrial parcels;
The plan allows for only 0 or 0.5 parking spaces per unit;
It would add 2 stories to whatever zoning the Town ends up passing for our large business districts - Capitol Square, Arlington Center, and Arlington Heights;
The proposal was crafted by a small group which was shielded from the public and marked by potential conflicts of interest;
If we do not demand a public process, this could be voted on by 252 Town Meeting members at spring Town Meeting;
This could qualify for a simple majority vote, meaning it could pass if a mere 126 Town Meeting Members approve it. Removing or curtailing the overlay would be hard - requiring a 2/3rds vote.
IN SUM: This proposal is extreme. Large changes to our zoning should be subject to a public vote or at least to a robust and transparent public process. Please scroll to the end of this post for a list of ways to voice your opinions and to demand that this proposal be scrapped in favor of an overlay drafted with public input.
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Where does this proposal come from?
A small group has drafted plans to allow multi-family housing, by right, throughout all of Arlington. Though the group claims to be an unofficial alliance of ordinary citizens, it includes a member of the Redevelopment Board, head of the Housing Corporation of Arlington, Arlington’s former Director of Planning, at least two Arlington Housing Trust Fund board members, and the former chair of the MBTA act working group. The group presented its plan at a November 7th Zoom meeting, which was advertised and facilitated by the Planning Department and the Affordable Housing Trust Fund, a government body that reports to the Town Manager. Their plan proposes an overlay to be imposed upon every street in Town such that large buildings with no open space and little parking would be allowed “by right” everywhere. To receive federal and state funding for projects and benefit from the bonuses built into this plan, developers would be required to build mixed income housing with units for lower income residents subsidized by market-rate units (at present the proposal is for 70% to be designated affordable but that percentage, as well as the level of affordability, could change). This is funding that other towns are likewise vying to get, but we want more of it.
The proposal seeks to leverage a method by which affordable housing in Town already gets created (in addition to several other tools already in our toolbox) but applies it in an extreme manner. Indeed, only two cities have imposed such an overlay to date and no towns have done so. In short, the plan eliminates many of the protections afforded by zoning in order to enable developers to put up large buildings on any lot of a desired size.
Treasured businesses could be lost. Fiscal problems exacerbated. Neighbors pitted against neighbors as developers seek to pressure them to sell so they can acquire lots that work for their plans. People in lower cost neighborhoods with more modest homes would be most susceptible to pressure, leading to the loss of more of our smaller homes. Democratic norms are being violated by the process, and by the fact that no alternatives have been presented other than a blanket overlay rendering every parcel in town open to possible tear-down and redevelopment as multifamily housing. (Some are working on more reasonable proposals as we speak.)
The proposal was drafted without public input or oversight, though it proposes changes that are more far-reaching than those of the MBTA Act Overlay passed one year ago. Like the MBTA Act Overlay, it incorporates no comprehensive planning. Nobody with expertise in finance, traffic, the environment, or education was included in the process. Like the MBTA Act Overlay, it will bring us larger, taller buildings with less green space. Unlike the MBTA Act Overlay, which included at least a nod to public process, this process leaves no room for public input from residents except for what the few who are "in the know" might say to the Select Board and to our Town Meeting members ahead of their vote in April.
So what is an “overlay”?
A housing overlay is a set of rules for development that overrides the rules currently in place for that zone or neighborhood.
The MBTA Act Overlay was (essentially) a state mandate and in 2023 Arlington approved “by-right” zoning for 6-story buildings on large portions of Mass Ave, 5-story buildings in a large swath of Broadway Street, and 3-story buildings on neighborhood streets abutting the MBTA Overlay parcels on those two streets. The state mandated that only 10% of these new units, at most (if building has over 9 units), could be rented or sold at “affordable” rates, so we petitioned the state for permission to use our more inclusive 15% rule (if over 6 units). While this was an improvement upon the original terms of the MBTA-C Act, the overlay eliminated our town’s thoughtful protections for neighbors and the environment. Most notably, in the MBTA Overlay developers can ignore pre-existing requirements for building heights, open space, front and side buffers between buildings and neighbors, and between buildings and the sidewalk.
How does this AHO Overlay differ from the MBTA Act Overlay?
There are two ways in which the Affordable Housing Overlay (AHO) differs from the MBTA Overlay. First and foremost, this new overlay is not state-mandated. It is a voluntary proposal whose intent is to allow developers the chance to compete, against other municipalities, for federal and state funding to build large multifamily buildings (35-70 units) because the previous tools used to create affordable units in Arlington are said to be insufficient. These tools include our inclusionary zoning laws, AHA properties, Housing Corporation of Arlington properties, 40B projects, a new law allowing ADUs, and the MBTA Act overlay.
Also, the new AHO Overlay would apply to the entire town and not to a subset of parcels on a mutually agreed-upon map. The overlay, if approved, is such that buildings can be larger, taller, and wider. This would mean that any street, no matter how inappropriate, could become the site for projects involving taller buildings, little to no on-site parking for new residents, and little to no open space. This would not only change the feel of the neighborhoods, but put additional demands on the Town’s struggling infrastructure.
What does this AHO Overlay call for?
Nonprofit developers say they need 15,000-20,000+ sq ft lots to build buildings containing income-restricted units, mostly for people at 70% of Area Median Income. Though the working group could have earmarked a set of existing large lots for such projects, after reviewing them for suitability, the overlay as written applies to every lot on every street in town without limitations. It would be imposed upon all Residential, Business, and Industrial parcels.
The plan would allow an extra 2 floors over whatever is currently allowed in those zones. Specifically, it calls for 4.5 story buildings on R0-R2 zoned parcels, and 7-story buildings on parcels zoned Business or Industrial. This means that a 30-foot tall 2.5 story house could be replaced by a structure that towers over abutters at 45-58 feet. Buildings in the business zones could be a whopping 70-91 feet. Most or all of the space in the new buildings would be strictly residential.
In business zones, the plan would allow either commercial OR “community space” on the first floor of projects taking advantage of overlay rules. Recent mixed-use redevelopment in Arlington has resulted in the reduction of business space. We need more business space, not less, at a time when homeowners bear 93% of the town’s tax burden. Otherwise, we will see more displacement of current residents unable to afford constant tax hikes. Yet proponents tell us that “community space” is chosen by developers when they are given a choice as state and federal subsidies used to finance these projects cannot be applied to any portion of a building that is for commercial use.
In Arlington, preserving commercial space is critical. Since we lack staunch protections, business space is incrementally lost in “mixed use” developments *even when* they include a commercial component, which is not assured here.
Not to mention that tenants in units above businesses torn down to create new developments get displaced with little hope of return.
Environmental Concerns:
The Redevelopment Board in January suggested this group draft this overlay more strategically - to a subset of lots that are already 16,000-20,000+ square feet. Yet this proposal allows developers to acquire and merge small parcels to “carve out” the space needed for 35-70-unit buildings. Clearing land for these developments entails knocking down many trees, as we have seen with recent developments in the Heights. All open/green/tree space requirements for these projects would be on balconies or rooftops. Our tree canopy would decline even more, which reduces our resilience in the face of global warming.
The proposal uses “average” building setbacks for each zone (often smaller than the allowed setback for that zone), and waives all open space requirements, building to yard ratios, and unit maximums. We would lose precious green space and see more of the town paved over.
Environmental impacts do not stop there. Modest homes would be knocked. Neighboring houses, gardens and solar panels would be left unprotected from towering structures.
Traffic and Parking Concerns
Parking requirements within the overlay would be cut in half, from one spot to 0.5 spots per unit. The Redevelopment Board could waive parking requirements in the overlay altogether if a development is deemed to be “near transit” by whatever criteria they might use for such a determination. At Downing Square in the Heights, tenants in a new HCA development using this reduced formula for parking have been parking on Lowell Street night and day, creating safety issues there. Of course, tenants with lower incomes often need cars to get to work and/or to carry out personal errands, just as their neighbors do. This plan ignores that.
The Select Board has been sending signals that they believe removing the Overnight Parking ban is in the town’s best interests. However, residents have repeatedly stated that they wish to preserve the overnight ban to control the volume of cars, pollution, and congestion in Town and to keep the roads safe for pedestrians, bikers, and children alike. The overnight parking ban works only when buildings have reasonable parking space requirements.
Full video of the Nov 7th AHO Overlay Zoom Meeting: https://youtu.be/EXWdkhLt5c4?t=2727
What can we do?
1-Join ARFRR’s news and updates email list and our Facebook discussion group
If you’re concerned about this AHO overlay and what it means to your neighborhood and town, join ARFRR’s email subscriber list. You can click here to add yourself. We will alert you when there is an opportunity for you to contact your officials about the AHO.
You can also join the discussion in our Facebook page here.
Of course, you can always reach out to the Town Manager, your 5 elected Select Board Members, the Director of Planning, and Town Meeting Members about the process or proposal. We have published their contact information here.
2-Attend ARFRR- and Town-sponsored public meetings to shape Arlington’s future Please attend ARFRR’s upcoming meeting on this proposal where you can ask questions. Most importantly, attend public meetings where you are allowed to speak. We don’t know if there will be any more public meetings, given the private nature of the group creating this overlay, but the proposal will have to be reviewed by the Redevelopment Board before spring. We encourage you to attend ARB meetings to oppose this proposal as written. A public process should include alternatives, including a “no overlay” option.
3-Become a Town Meeting Member In addition to attending meetings, and letting your elected officials know that you don’t want this AHO overlay, we need you to run for Town Meeting or help other like-minded citizens run. Town Meeting Members are likely to vote on this proposal in April, 2025. We can share ideas to get you started. Here’s the Town Meeting info
