Warrant Article Title:
ZONING BYLAW AMENDMENT/MULTIFAMILY ZONING FOR MBTA COMMUNITIES

Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw to comply with M.G.L. c. 40A to allow multifamily housing to be permitted as of right with a minimum gross density of 15 units per acre without age restrictions and suitable for families with children in the districts within one half-mile from the Alewife MBTA Station by amending SECTION 2 DEFINITIONS, SECTION 3 ADMINISTRATION AND ENFORCEMENT, SECTION 4 ESTABLISHMENT OF DISTRICTS, SECTION 5 DISTRICT REGULATIONS, SECTION 6 SITE DEVELOPMENT STANDARDS, and SECTION 8 SPECIAL REGULATIONS; or take any action related thereto.

Requested by:
 (Inserted at the request of the Redevelopment Board) 

Report Excerpt:

The Economic Development Bond Bill was signed into law by Governor Baker on January 15, 2021. Included in the law is a requirement for MBTA Communities, including Arlington, to zone for multifamily housing by right. These requirements are now codified in Section 3A of c. 40A, the Zoning Enabling Act. The zoning must allow multifamily housing without age restrictions and be suitable for families with children, be of a reasonable size, have a minimum gross density of 15 units per acre and be located not more than a half-mile from a commuter rail station, subway station, ferry terminal, or bus station. This requirement became effective 90 days from when the Governor signed the bill. If a MBTA Community does not comply with this requirement, it will no longer be eligible for funds from the Housing Choice Initiative, the Local Capital Projects, or the MassWorks Infrastructure program

 

Due to the timeline and the approaching Town Meeting, on January 25, 2021, the ARB voted to submit this article to the 2021 Annual Town Meeting warrant, which happened by the deadline of January 29, 2021. On January 29, 2021, the state indicated that the eligibility for the above-referenced programs would not be affected for the upcoming grant round in 2021. Subsequently, the state released additional guidance6 relative to the requirement, although it is still lacking in specificity to equip the Town with necessary guidance to proceed with an amendment.

 

On February 8, 2021, the DPCD staff presented a proposal to the Redevelopment Board for consideration under this requirement. At that meeting, the ARB, weighing the proposal, public testimony, the lack of clear guidance from the MBTA and Massachusetts Department of Housing and Community Development (DHCD), and the confidence that eligibility for the above-referenced grant programs will be maintained for the upcoming grant round, voted to defer action on this requirement until a future Town Meeting. The ARB will await further guidance from DHCD on this topic.

Vote Language:
The Redevelopment Board voted (5-0) to recommend No Action on Article 37.