A challenge to V14 readers: find a lot in Newton that’s currently zoned for single family homes only (SR1, SR2, or SR3) and is on the market for, was recently sold for, or could credibly be valued at $900K, on which a property owner could build and sell two $1.7 million luxury townhomes, imagining that zoning allowed a two-family building. Bonus points if it’s a lot within a half-mile of a T or commuter rail station.

The threat of a $900K single-family home being torn down to make way for two $1.7 million dollar condominiums is the latest version of the argument against expanding multi-family zoning in Newton. Make it possible to build multi-family homes on lots currently zoned single-residence and we’ll just extend to more of the city the problem we already have in multi-family districts: property owners tearing down modest, reasonably priced one- and two-family homes and replacing them with larger, more expensive two-unit luxury townhomes.

The problems with that argument:

  • Any City Council that has the power to extend multi-family zoning also has the power to limit the size — and, therefore, cost — of homes in a multi-family building
  • Even as recently proposed, the maximum size of multi-family buildings in currently single-residence districts would be significantly smaller than they are in multi-residence districts
  • Continuing to make it illegal to build a multi-family home on a single-residence lot isn’t going to preserve a reasonably priced home on that lot, if it’s even possible to find a reasonably priced single-family home.

The teardown-to-McMinium© phenomenon, the argument goes, is eliminating our stock of “naturally affordable” homes. For reasons I explained here, it’s not a completely logical argument. Eliminating the phenomenon will not preserve “naturally affordable” homes. They get the impact wrong.

It’s a puzzling argument. Opponents of more multi-family housing want you to be worried about the power of the City Council to allow multi-family housing. At the same time, they imagine the City Council powerless to extend multi-family housing in a way that constrains or prevents the current teardown-to-McMinium phenomenon. To add confusion, they also say that it’s a priority to stop or slow the pace of tear downs, so they assume (correctly, I think) that the City Council can constrain development to slow the tear-down-to-McMansion/McMinium phenomenon in the first place.

It’s even more puzzling given that we’re not talking about an abstraction. There is a specific proposal to expand multi-family housing: the August 2020 updated draft ordinance, now withdrawn. (The August 2020 draft ordinance seems to have spurred the preserve-single-family-only-zoning forces.) The August 2020 draft ordinance would have expanded multi-family housing into single-residence districts, but with measurably less intense multi-family housing development than in multi-residence districts, either now or under the August 2020 draft. The mechanism that limits intensity in single-residence districts is floor-area ratio, or FAR.

To illustrate, let’s look at a candidate statement on the topic. On one candidate’s web site, the candidate wrote, under the heading “Preserve Affordable Housing”:

A developer buys a $900,000 home, tears it down, and replaces it with two luxury townhouses that sell for $1.7 million each. This is already happening in our city, and would happen even more frequently under a proposal being considered by the City Council to eliminate single family zoning within ½ mile of an MBTA station. This proposal is unacceptable as it will reduce our inventory of affordable homes and create more expensive homes.   

Is the scenario of a $900K property being turned into two $1.7 million condos a real threat? Can one of the smart, well-informed V14 readers find a property where it’s possible? I’m skeptical. Actually, I’m more than skeptical.

Let’s use the August 2020 draft ordinance as a reference. Notably, the August 2020 draft ordinance expanded the right to build two-family homes to all single-residence districts, but maintained the existing floor-area ratios for those districts. This is important because our existing zoning code allows for more intensity on multi-residence lots than on equivalent single-residence lots, and that disparity was maintained in the August 2020 draft ordinance, even with the extension of multi-family homes to single-residence districts.

Back to FAR.

| Newton MA News and Politics Blog

Floor Area Ratio tables from the August 2020 Draft Zoning Ordinance

To determine how big a building is allowed on a lot, you multiply the square footage of the lot by the FAR, which is a number between .38 and .58 for multi-residence lots and between .33 and .46 for current single-residence lots, depending on specific district and lot size. There are other dimensional controls, like building height and setbacks, that limit size. And, the proposed zoning codes includes some bonus space beyond FAR. But, FAR is the primary determinant of the development potential — how big the new home or homes will be.

By its very terms, then, the August 2020 draft ordinance prevents property in single-residence districts from having the scale of the problem we have with teardowns on multi-residence properties. For a 10,000 sq. ft. lot the FAR is .48 for an MR1 lot and .53 for an MR2 or MR3 lot versus .33, .38, and .41 for  SR1, SR2, and SR3 lots, respectively. The largest opportunity on a 10,000 sq. ft. multi-residence lot is a 5,300 sq. ft. building (or two 2,650 sq. ft. homes). The largest opportunity in a single-residence zone is 4,100 sq. ft. (or two 2,050 sq. ft. homes). The smallest opportunities are 4,800 sq. ft. (two 2,400 sq. ft. homes) in a multi-residence zone and 3,300 sq. ft. (two 1,650 sq. ft. homes) in a single-residence zone. 

Takeaway: by the terms of the only concrete proposal ever made to add multi-family housing tp current single-residence districts, the incentive to develop multi-family residences would be much smaller than exists now in multi-residence zones, because the allowable building size would be smaller.

And, that’s just from the August 2020 draft ordinance, before councilors got their chance to further discourage large, luxury townhomes in those new multi-family opportunities.

Let’s look at two concrete examples to test the candidate’s threat of a $900K home being turned into two $1.7 million luxury condos.

| Newton MA News and Politics Blog

9 Walter St.

Near me, 9 Walter St. recently sold for around $900K (actually $975K). It’s a 1,311 sq. ft. single-family home on a 4,500 sq. ft. lot in an SR3 district. The applicable FAR is .48, which would apply to either a single-residence under current zoning or a multi-residence building under the August 2020 proposal. With a FAR of .48, the property owner could build a 2,160 sq. ft. building on the property, provided it met other dimensional requirements. There is some talk of some bonus space available under new zoning, so let’s say potentially a 2,400 sq. ft. building — two 1,200 sq. ft. homes. 

To believe that this $975K home would be turned into two $1.7 million luxury condos, you’d have to believe that each unit in a new two-family building would sell for 75% more than the original standalone home, despite those two new homes each being a little smaller (1,200 sq. ft.) than the existing single-family home (1,311 sq. ft.). But, we know that similarly sized single-family homes, all else being equal, fetch a premium over condominiums. Current listings bear it out. There’s not a single 1,200 sq. ft. home (or smaller) — single-family or condominium — for sale over $1 million. There’s one 1,230 sq. ft. condominium listed for $1,135,000. Still not close to $1.7 million. Most comparable units to our hypothetical 1,200 sq. ft. units are under $750K.

The candidate’s numbers don’t work even if you imagine that multi-family homes in current single-residence districts would be subject to the highest FAR for multi-residence districts. If this were a home in a district already zoned for two-family homes, the FAR could be .58, which means a property owner could build a 2,610 sq. ft. building. Add a bonus and call it 2,900 sq. ft., or two 1,450 sq. ft. homes. Those new homes would be slightly larger  the existing $975K single-family home (which was nicely updated before sale) and maybe they’d sell for more than $1 million, though there is only one sub-1,500 sq. ft. condo — or any home — currently on the market for over $1 million. But, it’s a stretch to say that they’d be $1.7 million.

The other thing missing from the two-luxury-townhome concern is a look at the single-family alternative. We’re not going to preserve a “naturally affordable” housing by preventing it from being replaced by luxury townhomes if an attractive, profitable alternative is to build a very expensive luxury single-family home.

| Newton MA News and Politics Blog

170 Truman Rd. — Pre-teardown

Consider 170 Truman Rd., an 1,164 sq. ft. home on an 8.325 sq. ft. lot in an SR3 district. It sold recently for $800K. Its development potential under the current zoning and the August 2020 proposal is 3,742 sq. ft. Call it 4,000 sq. ft. with potential bonuses. If torn down to create two 2,000 sq. ft. condominiums, they would likely sell for around $1 million, according to current comparables. 

On the face of it, one $800K home is better than two $1 million condos, if not quite as extreme as the candidate’s asserted $1.7 million fear. Except, an $800K single-family home is not the real-world alternative. 

| Newton MA News and Politics Blog

170 Truman — New construction

The 1,164 sq. ft. home at 170 Truman Rd. has already been torn down and building has begun on a much bigger single-family home. Nearly three times as big. According to the building permit, they are going to build a 3,330 sq. ft. home. It will sell for at least $1.5 million, based on comparables. 

You might say that a new single-family home wouldn’t be the alternative. The candidate (and their allies among currently elected officials and candidates) have pledged to reduce the incentive to tear down homes such as the $800K Truman Rd. home. (Presumably, if they can do that, they can also create an opportunity to build multiple, smaller, less-expensive homes in a multi-family building that is not too big for the neighborhood. But, I digress.)

| Newton MA News and Politics Blog

70 Truman Rd.

Imagine that this candidate and their allies get elected and craft zoning that eliminates the incentive to tear down a home like 170 Truman Rd.  Then, you’d have to deal with another phenomenon, illustrated by 70 Truman Rd., just around the corner from 170 Truman Rd. It’s a bigger — 2,117 sq. ft. — home than 170 Truman Rd. on a slightly smaller — 8,053 sq. ft. — lot. But, it’s not a post-teardown McMansion; it’s the original 50s ranch with a low-profile addition. It was recently assessed for $934K, which is not a “naturally affordable” starter home price … and is likely a good $100K or 200K below what it would fetch if it were for sale. 

| Newton MA News and Politics Blog

16 Daniel St.

Want another recent example? A home behind 9 Walter St., 16 Daniel St., has a moat around half of it waiting for a new foundation to support a 331 sq. ft. addition to the now 1,820 sq. ft. home. The home sold for $965K in 2015. Not “naturally affordable.” There’s no chance it will be “naturally affordable” at 2,150 sq. ft.

Are the candidate and their allies in the camp to save “naturally affordable” single-family homes — including former councilor and current mayoral candidate Amy Mah Sangiolo — proposing to prevent additions? Is Newton ready to tell homeowners, enjoy the house you have, because not only are we not going to let you replace it, we’re not going to let you add to it, either? If the preserve-naturally-affordable-housing folks cannot outlaw additions, they are not going to be able to preserve “naturally affordable” housing. Period.

Heck, even if they can outlaw additions, they aren’t going to be able to preserve naturally affordable single-family homes. Remember 9 Walter St.? $975K. For a 1,311 sq. ft. home on a pretty small lot.

So, back to the candidate’s threat of zoning reform leading to $900K single-family homes being turned into two $1.7 million condos. First, a $900K home is not naturally affordable. Second, there’s no evidence to suggest that there would be such an outcome, even under rules that allow more intensity than the August 2020 proposal. Third, if the city doesn’t allow multi-family housing in current single-residence districts, the alternative is more homes in Newton becoming increasingly out of the “naturally affordable” range. 

If the candidate and their allies are worried about housing being too expensive, the answer is multi-family housing.