Print
Share page with AddThis

MBTA Communities Law - Multi-family Zoining

MBTA Image

Links to the March 16, 2024 MBTA Boxford Information Session:  presentation and video. 

The MBTA Communities Law, passed by the State Legislature in January 2021, included a new Section 3A of Massachusetts zoning statute, Chapter 40A.  Section 3A requires an MBTA Community to have a zoning by-law that provides for at least 1 district in which multi-family housing is permitted by right.  Furthermore, the district shall have a minimum gross density of 15 units per acre.  Per State designation, the Town of Boxford is considered a MBTA Community.  Furthermore, Boxford, as a rural town adjacent to Haverhill, a community with commuter rail service, is required by section 3A to establish a district with a capacity for 141 housing units.

More information on the MBTA Communities requirements can be found on the state website.  It should be emphasized that construction of housing units is not a requirement of the MBTA regulations.  Only the zoning is required.

Although the Town has an approved MBTA Action Plan, the Town has made clear to the state that compliance will be particularly difficult for community like Boxford that is rural in character.  The density requirements in Section 3A would be a dramatic change from local land use patterns. It will be a challenge for the Town of Boxford to create a zoning by-law in compliance with Section 3A, particularly when considering the limits and constraints in terms of limited infrastructure and services, reliance on septic and well systems, and the abundance of wetlands and conservation lands.

The Town has been working with the Merrimack Valley Planning Commission (MVPC) through a technical assistance grant to determine whether Boxford could create a zoning district that complies with the Section 3A requirements.  In October 2023, the MVPC gave a presentation to the Boxford Planning Board and Select Board that identified two potential zoning districts that include parcels with frontage on Bradford Rd bordering the Town of North Andover and the City of Haverhill.  Based on their modeling, the maximum building height for these potential districts would be 2 stories.

Zoning Proposal A

Zoning Proposal B

The MVPC and the Town of Boxford held a MBTA pubic information session on Saturday, March 16 to discuss the program, as well as receive feedback on potential MBTA zoning districts in Boxford.  A recording of the meeting by BCATv is available by clicking this link.  The Presentation is also available with this link.

To comply with the MBTA Communities requirements, the Town would need to adopt a compliant zoning district by the end of calendar year 2025.

 

Town of Boxford MBTA Communities Documents: