Hamilton, Ipswich, Topsfield and several other North Shore communities have until Dec. 31 to adopt zoning that complies with the MBTA Communities Law requiring multifamily zoning districts of at least 50-acres in size with at least 15 units per acre.
After the law was first passed in 2021, communities have spent the last few years formulating action plans, identifying potential districts for rezoning, collecting and considering public input and hiring consultants. They’ve also been creating MBTA task forces made up of local municipal leaders, resident volunteers, architects, and other stakeholders.
All the communities that submitted an action plan to the state and had it approved — including Topsfield, Wenham, Ipswich and Hamilton — are technically in compliance with the MBTA Communities Law, as they have demonstrated an effort to rezone districts that follow the bylaw. However, they still have to vote to approve the newly zoned districts at Town Meeting this year, the majority of which will take place in the fall.
As such, many North Shore communities have made an effort to involve affected residents in the decision-making process and hold public meetings to explain what the bylaw requires, how the community will handle the effect on services and infrastructure, and listen to and act on residents’ concerns.
“We’re trying to maximize our public outreach on this for the community. The typical reaction to this is hesitancy and some opposition, because it’s not well understood,” Wenham Planning Board Vice Chair Dan Pasquarello said. “What we tried to make clear in our (previous info session) was that this is a zoning exercise, it’s not necessarily a building exercise. and I think that’s really important for people to understand.”
In Danvers, Special Town Meeting in February approved a measure to amend zoning bylaws to come into compliance with the housing law. This didn’t come without opposition.
“I’m aware of emails circulating saying that (this bylaw) should be opposed because it will ruin our town. This article is not going to ruin Danvers Square or result in any taller or bigger buildings than what has been envisioned in existing zoning,” said Danvers Select Board Chair David Mills at the time. “It will simply adjust the minimum density of our downtown to ensure that we are in compliance with a new state law. Non-compliance will cost us money.”
Also that month in Milton, proposed zoning for that town was rejected at Town Meeting, leading to Milton losing out on grant funding, and prompting a lawsuit from Attorney General Andrea Campbell who has stated that compliance is mandatory.
“The housing affordability crisis affects all of us: Families who face impossible choices between food on the table or a roof over their heads, young people who want to live here but are driven away by the cost, and a growing workforce we cannot house,” said Campbell in a press release on the lawsuit. “The MBTA Communities Law was enacted to address our region-wide need for housing, and compliance with it is mandatory.”
To achieve compliance in Wenham, the town needs to adopt zoning to allow 365 units, with 73 of them within a half-mile of the train station. Wenham and Hamilton, which share a train station, are classified as “commuter rail communities” with more strict zoning guidelines, presenting a unique challenge to the towns.
“We have to be within the half-mile radius (of the Hamilton/Wenham Station),” Margaret Hoffman, Wenham’s planning coordinator said. “So one of the unique challenges that Wenham and Hamilton face is that we have to share this station and we essentially only have a small half-circle radius to zone within.”
Hamilton, which has to zone for 731 units, plans to utilize “form based zoning” to ensure that any potential developments follow specific building form and architectural design standards.
“The bigger lift is going to be when developers actually look at the property to see what’s attainable and workable, and how much infrastructure they’re going to have to create to make it viable,” Patrick Reffett, Hamilton’s director of planning & inspectional services, said. “I think there’s a great deal of angst about the notion of this level of growth. and I totally get it — it’s scary if you don’t understand that the onus is really on the developers.”
Cities and towns without a commuter rail station that are classified as “adjacent communities” or “adjacent small towns” have a lesser obligation to zone for multifamily and mixed-used development, but still required to allow developments within this zone “by-right” without the need for a special permit.
In Topsfield, which is an adjacent small town and must zone for 118 multifamily units, Planning Board members have worked with consultant Ezra Glenn to identify areas in town where multifamily zoning would allow the town to comply with the bylaw.
The town also plan to diversify its housing stock and make use of underutilized properties, a goal the town had previously set in its master plan.
One option Topsfield is looking at is the 15.8 acres at the intersection of Central Street and Route 1, an area with easy accessibility to the highway and the rail trail.
“We want to be clear amidst all this talk about how nothing is actually required to be built, that this isn’t to be taken as having no purpose. (The Planning Board) did not design the zone in a way in which nothing would be built,” Topsfield Selectboard Chair Marshall Hook said during a recent public info session.
“I think there are towns that have tried to do that, but that was not the intent here,” he said. “I think we all see this as an opportunity and hope that things actually do get built.”
Ipswich, which has a train station, is required to zone for 971 multifamily units. It has put significant effort into identifying potential districts for rezoning and collecting feedback from residents on their preferred location.
The town is attempting to aggregate the feedback received in task force meetings open to the public, and from surveys about traffic, infrastructure, and design concerns that will lead up to a Special Town Meeting in the fall where a plan will be proposed.
“(In the last survey) there’s 10 or so guiding principles that residents identified,” Director of Planning and Development Brendan Conboy said. “The top ones would be emphasizing green construction, encouraging mixed use downtown, elevating the quality of the design, and directing growth to infrastructure.
“A little further down the line on preferences, but still relevant, was the affordability, consistency with previous plans, and encouraging diversity in town,” he said.
Ipswich is scheduled to hold a task-force meeting on April 3 at 7 p.m. in Town Hall, and another on April 25 at the same place and time, with a broader community meeting in May. In Hamilton, Town Meeting will be asked on April 6 to approve funds to hire a consultant. Wenham plans to hold an info session about the work done thus far in May.
Further information about the housing law can be found at mass.gov/info-details/section-3a-guidelines.
Michael McHugh can be contacted at mmchugh@northofboston.com or at 781-799-5202