As part of the new Multi-family Zoning Requirement for MBTA Communities Act (Mass. General Laws c.40A § 3A), the City of Newton submitted this action plan describing how it will comply with the new law either through new zoning or rezoning properties located near transit.
The Act requires the 175 communities served by the MBTA to ensure that zoning allows for multifamily housing by right near transit stops, with a greater obligation for communities that have better access to transit stations. The Department of Housing and Community Development (DHCD) released guidelines in August 2022 (revised in October 2022) to help guide and determine whether communities are in compliance with the new law. These guidelines included timelines (interim and district) for municipalities to adopt compliant zoning districts. MBTA communities that are noncompliant with MBTA Communities Act are ineligible for funding from certain funding sources provided by the Commonwealth.
Communities were required to submit action plans (a 7-page form) by January 31, 2023 or be at risk of losing eligibility for the calendar year 2023 MassWorks and Housing Choice grants, as well as the Local Capital Projects Fund. Seven communities failed to meet the deadline as of February 2, 2023.
The next submission date for district or full compliance for the City of Newton is December 31, 2023. Deadlines for various categories are as follows:
- Rapid transit community: 12/31/2023
- Commuter rail community: 12/31/2024
- Adjacent community: 12/31/2024
- Adjacent small town: 12/31/2025
