MBTA Multi-Family Zoning MGL c.40A, sec. 3A

Final Guidelines for the Multi-Family Zoning Requirement for MBTA Communities were issued by the state on October 21, 2021. The Department of Housing and Community Development (DHCD) has also put together a webpage that they have been updating regularly.

This new regulation, which is part of the Housing Choice Initiative enacted in an economic development bill passed in January 2021, requires MBTA communities, including Middleton, to have at least one zoning district in which multi-family housing is permitted as of right and meets the other criteria in the statute including:

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

Failure to comply with these multifamily zoning requirements would make a community ineligible for funds from Housing Choice Grants, Local Capital Fund Projects, and MassWorks Infrastructure Program. DHCD may, in its discretion, take non-compliance into consideration when making other discretionary grant awards.

TIMELINE FOR MAINTAINING COMPLIANCE WITH MBTA COMMUNITY ZONING

DEADLINE	TASK	DATE COMPLETED BY TOWN
3/31/2022	Submission of comments to DHCD	3/22/2022
5/2/2022	Select Board briefed on Draft Compliance Guidance & Submit Community Information Form	Brief: 1/25/2022 Community Inf. Form Submitted: 4/7/2022
1/31/2023	Submit an Action Plan that outlines the town's process for adopting compliant zoning	Action Plan submitted 1/11/2023; Action Plan approved by DHCD 1/27/2023
12/31/2024	Submit Compliance Application to DHCD for approval