MBTA / 3A

Boston, Massachusetts, USA
Save Our Schools

MBTA Communities Act FAQ

What is the MBTA Communities Act (3A)? This new law requires that an MBTA community shall have at least one zoning district of reasonable size in which multi-family housing is permitted as of right and meets other criteria set forth in the statute:

MINIMUM gross density of 15 units per acre (Winthrop is approximately 14.8 acres)

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

No restrictions on size of individual units, bedroom counts/size, or number of occupants (development would be subject to Sanitary code which states a single person bedroom must have 70 sq ft and bedrooms with multiple occupants must have 50 sq ft per person)

 

What is an MBTA Community?  “MBTA community” is defined by reference to Section 1 of MGL c. 161A:

  • one of the “14 cities and towns” that initially hosted MBTA service. 
  • one of the “51 cities and towns” that also host MBTA service but joined later. 
  • other “served communities” that abut a city or town that hosts MBTA service; or
  • a municipality that has been added to the MBTA under G.L. c. 161A, sec. 6 or in accordance with any special law relative to the area constituting the authority.
  • In total, 177 MBTA communities are subject to the new requirements of Section 3A of the Zoning Act. While served by the MBTA, Boston is exempted from the Zoning Act, including section 3A.

How many units do Hamilton & Wenham have to zone for? Currently Hamilton must zone for 731 dense housing units, and Wenham must zone for 365. 

Does Massachusetts law allow the state to force zoning?  NO – this is why every community included in the mandate has a chance to vote yes or no. We have the right to say no to this mandate! Wenham will host a special Town Meeting on November 16, 2024 to vote on 3A zoning, and Hamilton will be voting on it in April 2025. 

 

What happens if my town does comply (Votes Yes to Implement 3A zoning)? Essentially the town gives up its zoning rights on all land covered under the new 3A district. The state will have the ability to constantly amend the law forcing communities to continually jump through hoops to remain in compliance. It also paves the way for implementation of the Housing Bond Bill, a new legislature that will further erase local zoning and grant more “as of right” building freedoms to developers. 

 

What happens if my town does not comply (Votes No and rejects 3A zoning)? The state is threatening to withhold grant funding for towns that are not in compliance with 3A. Important to note that aid from Chapter 70 (public schools) and Chapter 90 (municipal/road) is safe and not subject to being withheld for non-compliance. Most communities have received very small amounts (if anything at all) from the grant funds referenced in the MBTA Communities Act.

  1. the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017. 
  2. the Local Capital Projects Fund established in section 2EEEE of chapter 29; or
  3. the MassWorks infrastructure program established in section 63 of chapter 23A.
  • Hamilton has received a total of $28,000 from one of the grants.
  • Wenham has received $0.00 

Is this an affordable housing bill? No – the purpose of the MBTA Communities Act is not to create more affordable housing developments. In fact, the new 3A zoning says that the city/town can allow 10% of the units to be set aside as affordable, defined as individuals making 80% or more of the area median income. In contrast, 40B (which is a law designed to increase affordable housing) says towns and cities must maintain 10% affordable housing inventory, defined as housing for residents making 80% or less than the area median income. The real goal is to drive down the property value of single-family homes by increasing the supply of high-density housing. 

How else can this impact our community? Aside from reducing property values, many communities do not have the infrastructure to support this level of development. Most likely our towns will have to regionalize our water supply and possibly switch over to sewage. These projects will cost millions and certainly increase property taxes. In addition, if all 1,077 units between Hamilton & Wenham are zoned for an eventually built, we will be adding hundreds of new students to the school budget. Currently it costs an average of $20K to educate a child in the Hamilton-Wenham School District. This adds yet more tax burden to our community not yet accounted for. The amount of property tax from the new developments simply will not cover the added cost for services.

To keep track of how the other 177 communities are voting and where they are in the 3A compliance process, click the link below:

MBTA Communities Compliance Map

For more discussion on 3A housing, please watch the following YouTube links as attorney’s Diana Viens and Michael Walsh discusses the MBTA law and its impacts to our communities.