Westford MBTA Communities Act |
Westford MBTA Housing Zoning Compliance
In 2020, Massachusetts amended its General Laws to add a new Section 3A to Chapter 40A, "MBTA Communities Zoning Law.”
This section requires that MBTA Communities have at least one zoning district where multi-family housing is allowed as-of-right. "As-of-right" means development of a particular use may proceed under a zoning bylaw without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
Westford is an MBTA Adjacent Community (due to the Commuter Rail stops in Acton and Littleton) and is subject to the new state law. The deadline to adopt compliant zoning is December 31, 2024. If Westford does not adopt compliant zoning the town will be in violation of the law, will potentially be subject to civil enforcement, may be in violation of state federal housing law, and will no longer qualify for some significant state funding opportunities.
The MBTA Communities Act specifies that each city or town must have one or more multi-family Zoning Districts that allow a minimum density of 15 units per acre. Multi-family zoning districts in Westford must have a minimum land area of 50 acres and the development potential for 924 housing units. This number varies by town or city and is based on 2020 Census data and the existing number of year-round housing units, and proximity to the MBTA system. Given that Westford does not benefit from a municipal sewer system, the district will likely need to be substantially larger than 50 acres to provide realistic development potential for 924 units.
A potential MBTA Communities Act District cannot have age restrictions (for example it cannot be limited to senior housing only). It generally cannot require more than 10% of the units within a development be deed-restricted as affordable housing. The degree to which it can require mixed-use development is limited.
It is important to note that the zoning must allow for the potential of at least 924 units, but it does not mean 924 new units will necessarily be built. Housing would only be built where property owners have the interest, the means, and capability to develop housing.
Please see https://www.mass.gov/info-details/multi-family-zoning-requirement-for-mbta-communities for more information.
If you have questions about the MBTA Communities Law, please contact the Land Use Management Department at planningboardstaff@westfordma.gov.