MBTA Communities and Leicester

What is MBTA Communities?
MBTA community is defined by reference to Section 1 of MGL c. 161A and featured in M.G.L. c. 40A Section 3A. This law was passed requiring each MBTA community to have at least one zoning district of
reasonable size in which multi family housing is permitted as of right and meets the following criteria:

• Minimum gross density of 15 units per acre
• Located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable
• No age restrictions and suitable for families with children

AG Campbell Advisory Press Release

Attorney Generals advisory about the enforcement of MBTA Communities

Read the Law (M.G. L. Ch 40 section 3A)

Watch this Video

What 3A does NOT do:

• Require production of housing
• Compel communities to pay for infrastructure for future development
• Supersede historic districts
• Allow municipalities to get a waiver or exemption from the requirements

As-of right Zoning:

Site Plan Review- Can be required for an as-of-right multi-family uses but cannot impose unreasonable requirements or undue delay on the proposed project

Energy Efficiency- Multi-family housing cannot be required to meet higher standards than other uses in the municipality.

Why is this important?
Massachusetts is in a housing crisis. Our state has among the highest, and fastest growing home prices and rents in the nation. High costs have dramatically increased pressures on low- and middle income families, forcing them to sacrifice other priorities (food, medical care, childcare, etc) to pay housing costs. Both of these factors are the primary driver of homelessness, which as of January 2022, there were 15,507 people across Massachusetts experiencing homelessness. 

Middle income earners make up a large percentage of individuals displaced in todays housing and rental market. Teachers, firemen, police officers , healthcare workers, and young professionals are among some of the professions unable to meet income requirements in todays expensive market. 
 

What does this mean for Leicester:
Leicester is considered an 'Adjacent Small Town Community'  which is defined as:

“Adjacent small town” an MBTA community that (i) has within its boundaries less than 100 acres of developable station area, and (ii) either has a population density of less than 500 persons per square mile, or a population of not more than 7,000 year-round residents as determined in the most recently published United States Decennial Census of Population and Housing."

Leicesters Classification and Requirements

Why are our requirements different from other towns?
The requirements differ based on the community category. Other categories are Adjacent Community, Commuter Rail, and Rapid Transit. Minimum multi-family capacity for most communities is based on the 2020 housing stock and the applicable percentage for that municipality's community type. 

Complete MBTA Community List  click HERE

Is this Affordable Housing?
The law is silent in reguards to affordability, compliance guidelines do allow districts to include an affordability component. Districts may require that up to 10% of units are affordable to households  earning
up to 80% of the Area Median Income. .

What is Gross Density?
In Section 3A, gross density is defined as a units-per-acre density measurement that includes land occupied by public rights-of-way and any recreational, civic, commercial, and other nonresidential uses. Section 3A requires that compliant districts allow a minimum gross density of 15 units per acre.

What does 15 units per acre look like?

Well it could look like this at 16 units per acre:

or it could look like this:

The Avalon at Sudbury

 The Avalon at Sudbury it has 15 units per acre, a total of 250 units, 17 acres, year built 2019. This neighborhood was built along a commercial corridor and is adjacent to a mix of uses. There are walkable connections, outdoor gathering spaces,

Grant Place, Natick, MA

Grant Place has 20 units per acre on 12 acres and was built (adaptive reuse) in 2010. This project retained two original 19th-century homes along the street frontage and created new buildings to the rear
gathered around a central parking area. Grant Place is tucked behind a commercial corridor and well screened from neighbors.

Mayflower Manor, Middleborough, MA

Mayflower Manor features 29 units per acre with 44 units total on 1.5 acres and was constructed in 2018. The architecture mirrors the pre-existing victorian mansion along the main street. The Mansard roof hides height while rows of trees provide screening.

What do they mean by Reasonable Size?
"Unit capacity" is a measure of the number of multi-family units that zoning allows as of right in the district. You do not "count" existing units, instead you determine how many multi-family units the zoning
district would allow as of right on that parcel as if it were undeveloped.

Harvard Study
This report was prepared by the Harvard Joint Center for Housing Studies for the 2006 Revisiting Rental Housing: A National Policy Summit. The authors discuss five major concerns communities often
express toward multi family housing:

• Multifamily housing will cause single-family home values to decline
• Multifamily housing attracts residents who are more likely to have antisocial behavior
• Multifamily housing will lead to overburdened schools 
• Multifamily housing will bring in less tax revenue 
• Multifamily housing causes more traffic and limited parking

Through their analysis they provide evidence to address each point:

• Referencing a macro-analysis of housing data, the authors explain that single-family homes located near multifamily housing have an average appreciation rate of 3.96% compared to a rate of 3.59% for single-family homes that are not near multifamily housing. In addition, multiple other case studies have led to similar conclusions that multifamily housing does not negatively impact home values, and may even improve them. 
• Residents of multifamily housing are 33% more likely to socialize with neighbors compared with 17% of residents of single-family homes. They are also just as likely to participate in sports teams, book clubs, and other structured social groups as single-family residents, and identify closely with the city or town they live in at similar rates as single-family residents. 
• Multifamily housing tends to attract more single people, couples who do not have children, and elderly. In addition, on average 100 single-family homes have 51 school-age children while 100 apartment units average 31 children.
• Residents of apartments, on average, own one car per household compared to single-family homes which average two cars. In addition, single-family home owners use their cars more often, usually due to being in less concentrated locations than multifamily housing.*
  *Town of Newton

Read the full Report HERE

More info coming soon!