MBTA Communities Law
Introduction and Background
Wrentham will conduct a Special Town Meeting (STM) on December 16 to vote on a proposed zoning bylaw designed to comply with the MBTA Communities Zoning Law. The Special Town meeting will be held in the auditorium at King Philip Regional High School and will begin at 7 p.m. As of this writing, the proposed zoning bylaw is the only article on the warrant.
The MBTA Communities Zoning Law applies to 177 cities and towns in the Greater Boston area that have or are near MBTA transit stations. For the purposes of the law, Wrentham is considered an MBTA community.
The law requires that each MBTA Community establish a zoning district where multi-family housing is permitted as-of-right. “As-of-right” means development that may proceed under a zoning by-law without the need for a special permit, variance, zoning amendment, wavier, or other discretionary zoning approval. Site plan review remains in force which may regulate matters such as vehicular access and circulation on a site, architectural design of a building, and screening of adjacent properties.
Wrentham is classified as an “Adjacent Community”, as it does not host a commuter rail station within its borders but abuts communities that do (Franklin, Norfolk and Foxborough). As such, the multi-family district must have the following characteristics:
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It must be a minimum of 50 acres, half of which must be contiguous land;
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Multi-family dwellings must be allowed at a minimum gross density of 15 units/acre;
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The units must be suitable for families with children and no age restrictions;
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The district should be near an existing downtown, village center, or area of underutilized/abandoned structures with redevelopment potential.
Considerations
MBTA communities have until December 31, 2024, to make appropriate zoning changes. The Wrentham Planning Board has been developing zoning recommendations to comply with the law. It is currently finalizing the proposed changes that have undergone a public hearing process.
For the STM, the decision will be made by a simple majority of voters present and voting. Under the amended MGL Chapter 40 A, Section 5 of the Zoning Act, a zoning ordinance or bylaw can be enacted by a simple majority vote, rather than the two-thirds supermajority that applies to other zoning amendments, if that ordinance or bylaw “Allows for multi-family housing or mixed-use developments “as-of-right” in an eligible location.”
The proposed multi-family overlay district zoning bylaw will be presented as an Overlay District. This means that the current underlying zoning of the proposed parcels does not change.
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Compliance of the law, achieved by a majority of STM members voting for the proposed multi-family overlay district zoning bylaw creates the potential capacity for 750 dwelling units (this number is based on the 2020 Census, specifically 10% of our year-round housing units). There is no requirement that any of these units be built, just that local zoning allows it.
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Non-compliance of the law, achieved by a majority STM members voting against the proposed multi-family overlay district zoning bylaw makes Wrentham ineligible for a number of state grants and funding programs including, but not limited to MassWorks, the new HousingWorks Infrastructure Program, the Local Capital Projects Fund, Community Planning Grants and Housing Choice, among others. There is also the possibility that Wrentham would become vulnerable to civil enforcement action by the State. The Attorney General’s Office issued a statement which clarifies “Communities that fail to comply with the Law’s requirements also risk liability under federal and state fair housing laws.”
Information Opportunities and Resources
WE considers this vote to be complex and have far-reaching implications. Voters should endeavor to have as much information as possible prior to attending the STM.
Resources
The Wrentham Planning Board’s webpage
The Planning Board's page is hosted by the Town of Wrentham. Note that this page includes a full listing of all the public hearings, subcommittee meetings, and joint meeting recordings, PowerPoint presentations, and other supporting documentation the Board has utilized in development of the proposed bylaw.
Multi-Family Zoning Requirement for MBTA Communities (MassGov website)
This page includes Compliance Guidelines on new Section 3A of MGL c. 40A and related materials.
Events
Town of Wrentham officials will be conducting a forum to discuss the state’s MBTA Communities Multi-Family Zoning Requirements and asked residents to submit questions by November 7.
This discussion will feature a panel of elected and appointed Town officials: Select Board members Chris Gallo and Michelle Rouse, Planning Board Chair Michael McKnight, Finance Director Mike King, and Town Manager Kevin Sweet.
The forum will be recorded on Nov. 13 and broadcast shortly thereafter on Wrentham Cable 8 Community Access and will be posted on the Town website and social media channels. Additional information is available on the Town's News Portal
Wrentham Engagement will be hosting a Focus Group Discussion on December 5, in the Sweatt Room at Fiske Public Library at 7 p.m. This will be an in-person discussion. It will not be a presentation but rather it will be a facilitated discussion to gain insight into voters’ perspectives and an awareness of what questions they may still have 10 days before the STM.
Attendees of the Focus Group are highly encouraged to watch the Town of Wrentham forum on Cable 8 prior to attending the Focus Group Discussion.
Voters that want to be on the Focus Group panel can notify WE by completing the WE Focus Group form.
All voters are also invited to join the WE email list for notifications about Town Meetings and local elections: Sign-up.
Wrentham Engagement is coordinating the Focus Group Discussion and is an independent group of engaged voters and is not affiliated with or endorsed by the Town of Wrentham.