Taylor Fruzzetti
Express correspondent
Many Massachusetts communities will be faced with a decision following the 2021 law to implement zoning for multi-family housing for communities that have commuter rail stations or are adjacent to them.
According to the mass.gov website, the new law requires MBTA communities to “have at least one zoning district of reasonable size in which multi-family housing is permitted as of right.”
The law is intended to address the housing crisis in Massachusetts and approximately 177 cities and towns are subject to the MBTA Communities Law according to the state’s website.
The Multi-Family Zoning Requirement also calls for these housing communities to have a minimum gross density of 15 units per acre, the housing must be no more than 0.5 miles from a commuter rail station, subway station, etc, and no age restrictions.
Communities that benefit from the MBTA, and communities adjacent to MBTA communities, are being told that they must adopt the new zoning changes by Dec. 31, 2024 or they will no longer be eligible for funds from the Housing Choice Initiative, the Local Capital Projects Fund, or the MassWorks infrastructure program.
Additionally, towns that fail to comply with the zoning changes may be subjected to civil enforcement per the state’s website.
On Feb. 14 of this year, the Town of Milton held a special election to vote on the issue and ultimately overturned the MBTA Communities Multi-Family Overlay District which had originally passed at a special town meeting on Dec. 11, 2023.
The vote took Milton out of compliance with the state law, resulting in Attorney General Andrea Joy Campbell filing suit against the town of Milton on Feb. 27, according to a press release from the Office of the Attorney General.
“The MBTA Communities Law was enacted to address our region-wide need for housing, and compliance with it is mandatory,” said Campbell in the press release.
According to Halifax Town Administrator Cody Haddad, the Zoning Bylaw Review Committee is looking to find a solution that would have a minimal impact on the town, but also allow for the town to be compliant with the MBTA Zoning Requirement.
“The situation in Milton, in my eyes, only further affirms that the state will continue to make this requirement a priority and towns that do not comply will be penalized,” said Haddad. “We are cognizant of the state’s concern regarding the housing crisis facing Massachusetts, but we are also aware of what the Halifax community desires for their town.”
Haddad said that the Zoning Bylaw Review Committee will likely present their findings at the Fall Town Meeting.
“This topic can be controversial to many residents who are concerned that the zoning requirements could change the look and feel of a community, and impact several town services, including schools,” said Kingston Town Administrator Keith Hickey. “I am not sure of the reasons why Milton voted the zoning down but will be looking into what the sentiment of the voters was, if Kingston can learn from what occurred in Milton, we will do that.”
Hickey said that he plans to present the initial recommendations of Kingston’s MBTA subcommittee to the Selectmen at their meeting on March 12.
“Once the MBTA overlay district is finalized, staff will have several informational meetings, website postings and informational TV shows on PACTV to introduce and discuss what is being proposed,” said Hickey.
Hickey said that the vote on the MBTA overlay district will be at the Fall Town Meeting.
“Hanson is going to continue to move forward with creating the zoning for the MBTA requirement until a judgment of the Court directs otherwise,” said Hanson Town Administrator Lisa Green. “Something to understand is that we are simply creating the zoning, not the housing.”
Green said that Town Meeting will be provided with all the facts and will vote on the zoning changes.
“There must be an understanding that all towns are subject to legal action by the state for not complying with the legislation,” said Green. “The residents who attend Town Meeting and vote on the article will have to decide whether they prefer spending taxpayer dollars on legal fees to defend the town against a suit by the Attorney General’s Office and lose thousands of dollars in grants, or simply vote to create the zoning and benefit from the thousands of dollars of grants.”
Mary Beth Carter, Whitman’s Town Administrator, said the town is planning to put this proposed zoning by-law amendment on the May 6, 2024 Annual Town Meeting warrant. “I found it surprising, however Milton’s decision not to comply with this mandate has no influence on what will be decided in Whitman,” she told The Express. “Once the by-law is accepted, that may bring forth housing projects that up until now would not have been possible.”
Plympton Town Administrator Elizabeth Dennehy said that Plympton has received a technical assistant grant award which it has used to acquire the services of Southeastern Regional Planning and Economic Devellopment District (SPREDD) who will assist the Town with drafting a zoning overlay-type district that will be in compliance with the Commonwealth’s guidelines. Once drafted, this would go through the normal process for review and potential adoption of the zoning bylaw edits. Dennehy said she doesn’t expect a vote will take place until the May 2025 Annual Town Meeting.