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Attorney Donna Brewer of Harrington Heep (top left), Attorney Karis North of Murphy Hesse Toomey & Lehane (top right) and (bottom row) Attorney Susan Murphy of Dain Torpey discuss the process and schedule for municipal compliance with the MBTA Communities law during a free MMA webinar on Feb. 26.
An MMA webinar today outlined the process and schedule for municipal compliance with the MBTA Communities law.
Attorney Donna Brewer of Harrington Heep began by reviewing Section 3A of Chapter 40A (the state’s zoning act), which is intended to encourage the production of multi-family housing by requiring MBTA communities to adopt zoning districts where multi-family housing is allowed as of right, and that meet other requirements set forth in the statute.
Attorney Susan Murphy of Dain Torpey discussed the affordability requirements and implications for mixed-use development districts.
The deadline for compliance for Commuter Rail and adjacent communities is Dec. 31 of this year. Adjacent small towns have until Dec. 31, 2025, to adopt zoning and submit their District Compliance Application. Murphy said adoption of the zoning alone is not sufficient to meet the deadline and retain interim compliance status.
Murphy shared the current status of MBTA Community zoning adoption, available from the Executive Office of Housing and Livable Communities. Arlington, Lexington and Salem have approved districts, while approximately 20 other communities have applied for district compliance. Several communities have submitted an economic feasibility analysis, and a number of communities have submitted draft zoning amendments for pre-adoption review.
Penalties for failure to comply with the MBTA Communities law include ineligibility for state discretionary grant programs, as well as potential litigation.
Murphy and Brewer shared tips for maintaining interim compliance and achieving full compliance. They recommended being proactive and not waiting until the compliance deadline to schedule a vote. Murphy emphasized the importance of reviewing the local zoning ordinances or bylaws and requesting pre-adoption review from the Executive Office of Housing and Livable Communities at least 90 days before a scheduled vote.
Attorney Karis North of Murphy Hesse Toomey & Lehane moderated 15 minutes of questions and answers, which addressed transit radius, the quantum of a vote requirement, and affordability percentage rates.
• MBTA Communities: Municipalities and Compliance presentation (622K PDF)