On Nov. 18, Belmont Town Meeting members will decide which MBTA Communities Act zoning map to send to the state’s Executive Office of Housing and Livable Communities (EOHLC) for review.
Previous Coverage
- The Intent and Impact of the MBTA Communities Act
- The MBTA Communities Act Will Face Town Meeting Vote
- Town Submits Two MBTA Rezoning Maps to State for Pre-Compliance Review
The town is choosing between two maps — one including the Brighton Street area and one including the Belmont Corner area — joining nearby towns in finalizing its decision.
As of Nov. 5, of the 178 Massachusetts municipalities required to pass zoning, 84 have been approved locally, of which the state has approved 36.
Lexington Chooses Expansion
Lexington’s MBTA Communities Act zoning map was approved by Lexington Town Meeting on April 12, 2023, by a 107-63 vote. The map outlines 12 zoning areas scattered throughout Lexington, which total 227 acres.
The decision followed two nights of debate over two proposed amendments, reported the Lexington Observer. One amendment would have restricted the height of multi-family housing, cut the rezoned areas to seven instead of 12, and reduced the rezoned area to approximately 130 acres. The second amendment would have created a more restrictive permitting process for Lexington Center. Both amendments were rejected.
The town submitted its final plan to the state. When the EOHLC approved it in December 2023, Lexington became one of the first two municipalities in the commonwealth, along with Salem, to finalize its zoning map.
Lexington is allowing developers to start applying for local projects. According to the town’s website, the town has approved two building projects and is in the process of reviewing six others.
Concord Concentrates Zoning
Concord Town Meeting members overwhelmingly approved Concord’s zoning map on April 30. It establishes five rezoned areas totaling 84.41 acres: three in Concord Center and two in West Concord.
Like Belmont, Concord has two commuter rail stops on the Fitchburg Line.
The map was generated through community outreach meetings held throughout 2023.
In February, before its Town Meeting, Concord submitted a pre-adoption review application to the EOHLC.
On June 28, the EOHLC responded, recommending the town revise a district to include street and rail right-of-way areas. The EOHLC also recommended the town remove a floodplain area from the map due to special permitting requirements of the area.
“At this time, the planning board is working with town staff to evaluate the state’s comments and determine what, if any, changes to the zoning needs to be amended for the town to be found in compliance with the Section 3A Law,” states the town’s website.
Arlington Underscores Accessibility
A working group in Arlington proposed a map to the town’s redevelopment board on Sept. 11, 2023, designating three rezoned areas: properties lining Massachusetts Avenue, properties lining Broadway, and a “neighborhood” district of properties abutting those properties.
Claire Ricker, Director of Planning and Community Development, and Sanjay Newton, chair of the working group, wrote a joint report on the process of developing the map. Their report emphasized that accessibility was a chief concern.
“We have heard from many community members that a lack of housing with elevators and other accessibility features is a barrier to residents with different abilities finding housing and a barrier for seniors looking to downsize and stay in Arlington,” Ricker and Newton wrote.
They added that residential buildings of four stories or more would be required to have elevators.
The redevelopment board approved the map on Oct. 23, 2023, after making some amendments. The sub-districts along Massachusetts Avenue. and Broadway were combined into a single zoning district, and it was stated that new zoning districts “do not replace existing underlying zoning districts but are superimposed over them,” allowing property owners to choose which zoning regulations to abide by.
Most buildings in the Massachusetts Avenue and Broadway districts are limited to four stories, while most in the neighborhood district are limited to three stories.
There are some exceptions for mixed-use buildings. Properties in the Massachusetts Avenue zoning area with a 60% non-residential occupancy are permitted to reach six stories, while equivalent properties in the Broadway zoning area are permitted to reach five stories.
Arlington Town Meeting members voted to adopt the zoning map on Oct. 25, 2023, and this September, the EOHLC approved it.
Needham Questions Overcrowding
On Oct. 21, Needham Town Meeting members approved Needham’s zoning map with a 118-90 vote.
Needham’s map includes nine sub-districts, totaling 92.5 acres, near Highland Avenue and Chestnut Street. It resulted from an amendment to a previous map, which included six sub-districts totaling 100 acres.
However, the current map faces opposition from a group of residents called Needham Residents for Thoughtful Zoning, seeking to repeal the Town Meeting vote.
The residents are concerned with potential population growth. They argue that new zoning will lead to overcrowded classrooms, congested traffic, and rising property taxes alongside an increase in local building projects.
The Needham Observer reported that if the group collects signatures from 15% of the town’s registered voters by Nov. 15, the town will be forced to hold an election.
If the zoning plan is repealed, Needham will have until Dec. 31 to hold a special Town Meeting to vote on a replacement article.
According to a school capacity analysis carried out by the town, the capacity of the middle school is expected to accommodate the increase in enrollment from the zoning change, and the high school capacity is expected to be minimally impacted.
The town also found that traffic mitigation measures, including optimizing signaling systems and re-striping the roadway, would allow the town’s infrastructure to continue carrying out an “acceptable level of service.”
If Needham repeals the zoning plan and the town falls out of compliance with the MBTA Communities Act, it risks eligibility for 13 grant programs outlined by the EOHLC guidelines.
Milton
Meanwhile, the Boston suburb of Milton is leading the mutiny against the rezoning act. According to the Commonwealth Beacon, the state designated the town a rapid transit community because of its trolley service, which required the creation of zoning for more than 2,000 units.
The town’s compliance map was passed by the Select Board and Town Meeting. But, during a referendum last March, voters rejected rezoning 54%-46%.
Attorney General Andrea Campbell sued, and the case went straight to the Supreme Judicial Court, where arguments were heard in early October. It’s unclear when a decision will be rendered.
Milton argues that it should not have been designated a rapid transit town and that the process for setting the rules and regulations was flawed, basically rendering them unenforceable.
Other towns, including Medway and Winthrop, have had negative reactions to the act. According to the Franklin Observer, Medway sent a letter to state officials in August, calling for repeal of the law.
More information on the compliance status of municipalities across the commonwealth can be found at https://www.mass.gov/info-details/multi-family-zoning-requirement-for-mbta-communities.