The MBTA Communities Law In Newton: What You Need To Know

NEWTON, MA — As the Newton City Council debates whether to comply with the MBTA Communities Law, a new zoning reform law that is designed to tackle the state’s housing and climate crises, here is a look at what following the law - or not following the law - could mean for Newton.

MBTA Communities Law Background

The state passed the MBTA Communities Law in January 2021 as part of the economic development bill. The legislation, designed to make it easier to build multi-unit residences in the 175 cities and towns that are part of the MBTA system, requires that each community have at least one zoning district of reasonable size in which multi-family housing is permitted, not required, and meets the following criteria:

• Minimum gross density of 15 units per acre
• Not more than ½ miles from a commuter rail station, subway station, ferry terminal, or bus station, if applicable.
• No age restrictions
• Suitable for families with children.

Newton and other MBTA communities have until 5 p.m. on May 2 to comply with the law by submitting the MBTA Community Information Form and holding a briefing of the City Council no later than that date to attest to what’s on the form.

So, What Happens If Newton Does Not Comply?

According to the legislation, an MBTA community that fails to comply with the statute will not be eligible for a whole lot of state funding, including funds from the Housing Choice Initiative, the Local Capital Projects Fund, and the MassWorks infrastructure program.

The City of Newton has received both Massworks and Housing Choice grant funding in recent years, but would no longer be eligible for similar grants in the future without complying. These funding grants include:

• $7 million in Massworks funding for Route 9 improvements (2012-2014)
• $1.6 million in Massworks funding for Oak Street/Needham Street Intersection (2019)
• $400,000 in Masswork funding for design of Pettee Square (2021)
• $220,000 in Housing Choice funding to undertake affordable housing feasibility study for West Newton Armory
• $75,000 in Housing Choice funding to examine zoning options for California Street manufacturing area

The Department of Housing and Community Development, in consultation with the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, will use certain guidelines that are still up for debate to determine if an MBTA community is in compliance with the law.

And... If Newton Does Comply?

According to a memo released by the Planning Department, Newton would need to make some significant changes to comply. This is because Newton does not currently have a multi-family district of a size that complies with all of the requirements.

For instance, because Newton is a rapid transit community, the city must allow a minimum of 25 percent of its total housing stock must be multi-family unit. According to the 2020 Census, Newton currently has 33,320 housing units, meaning a multi-family district must allow for 8,330 units.

The multi-family district would also have a size requirement of at least 50 acres of land, or approximately one-tenth of the land area within 0.5 miles of a transit station. This can mean 50 contiguous acres or an overlay district with at least one area of 25 contiguous acres and additional areas of at least 5 contiguous acres, as long as the overall gross density is at least 15 units per acre. Newton is 11,622 acres.

Site plan review and approval is defined by the state as follows:

“Site plan review and approval may be required for multi-family uses allowed by-right... Site plan approval may regulate matters such as vehicular access and circulation on a site, architectural design of a building, and screening of adjacent properties. Site plan review may not be used to deny a project that is allowed as of right, nor may it impose conditions that make it infeasible or impractical to proceed with a multi-family use that is allowed as of right.”

What has the City Council said so far?

At recent meetings, Newton City Councilors voiced varying opinions on whether to comply with the law.

For instance, on Jan. 10, Councilor Marc Laredo spoke out against the state constructs, saying he would rather the city choose to create more multi-families units themselves without being pressured to do so.

“My view is that the state constructs create significant issues for us in limiting our ability to manage and control what gets built here,” he said. “And I think we need to weigh that against what in my mind is a very small amount of funding at stake.”

However, other councilors disagreed, arguing that Newton cannot walk away from millions of dollars in state funding over a zoning issue.

“What we don’t want to do is embarrass ourselves by essentially saying that we’re wealthy enough to walk away from this and without complying,” said Councilor Vicky Danberg at a Jan. 24 meeting. “It’s kind of like parking in a handicap parking place because you can afford the fine.”

The Zoning and Planning Committee will continue to debate this issue over the next few months.