Arlington’s Zoning Bylaws contain very specific wording in the section on bonuses to be earned under by-right development in the MBTA Act Overlay, which these developers opted to use instead of our traditional Inclusionary Zoning. Specifically, the requirements for a fifth floor bonus in the Mass Ave/Broadway Multifamily (MBMF) district in Section 5.9.4.E(2) of the Bylaw read:
(2) In the MBMF Overlay District, one additional story may be added if the total percentage of affordable units exceeds the requirements in Section 8.2.3 Requirements of this Bylaw for a total of at least 22.5% of all units (emphasis added).
This is the bylaw presented to the public and subsequently voted upon by Town Meeting. As is clear, the words “at least” are baked into the requirements. Our Inclusionary Zoning bylaw (8.2.3) is mentioned only in that these requirements are to exceed those. MBTA Act zoning requirements replace regular Inclusionary Zoning rules once a developer chooses that route. A developer must adhere to either MBTA CA regulations or our own Inclusionary Zoning regulations. Mixing and matching is not allowed.
At the last ARB meeting for 126 Broadway, a member of the Board told the developers they had not met any of the possible requirements for either a bonus fifth floor or for a zero setback from the sidewalk. Last night, all ARB members suddenly opined that the requirement for a fifth floor had been met (and they agreed on the zero setback in a split decision). In doing so, the ARB is letting developers bend a carefully worded law that was crafted so that adding a fifth floor (NOTE: on Mass Ave, sixth floor bonuses will also be in play), or getting permission to extend tall buildings right up to the sidewalk, would require stringent concessions. To any reasonable person, “for a total of at least 22.5% of all units” means exactly what it says. It sets a minimum threshold. This building proposes 3 affordable units out of 14, which is not “at least 22.5% of all units.” There is no rounding down from a minimum threshold.
This is the first project on a main street to seek to use relaxed MBTA Act zoning rules. Do not let unelected individuals on the ARB twist and weaken the few safeguards established to prevent developers from thwarting residents’ wishes and flouting our laws. Do not allow them to set a precedent whereby they will seek to ignore the requirements for bonuses for every single project under MBTA Act zoning going forward based on cherry-picking from different sections of our laws.
The NEXT MEETING on 126 BROADWAY is set for NOVEMBER 17th. Time is TBD. Please attend this meeting and ask the ARB to uphold the law they crafted and which TMMs passed. Please also send letters to the ARB, the Planning Director, and the Town Manager, who appoints ARB Members:
ARB Members:
