The purpose of Section 3A is 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.
The Executive Office of Housing and Livable Communities (EOHLC), in consultation with Executive Office of Economic Development, the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, is required to promulgate guidelines to determine if an MBTA community is in compliance with Section 3A. EOHLC promulgated preliminary guidance on January 29, 2021. EOHLC updated that preliminary guidance on December 15, 2021, and on that same date issued draft guidelines for public comment. These final guidelines supersede all prior guidance and set forth how MBTA communities may achieve compliance with Section 3A.
Marblehead is classified under the 3A Zoning Act as an Adjacent Community. Adjacent communities are defined as communities that are adjacent to municipalities that contain MBTA stations such as Swampscott or Salem.
The new zoning overlay district(s) that allows multi-family housing by right must:
- Be equal to at least 1% of the Town’s total land area (Marblehead is 2,771 acres in size, so it cannot be less than a total of 27 acres).
- Zone multi-family housing as a matter of right and not require the need for a special permit, variance, zoning amendment, waiver, or other discretionary approval.
- Have a minimum density of 15 units per acre.
- Zone for 10% of the total number of housing units, Marblehead has 8,965 total housing units so a minimum building capacity of 897 units is required
It is important to note that this is NOT a building mandate. The MBTA 3A Communities Law doesn’t require the production of any units. It simply requires zoning that allows property owners the option to construct multifamily housing without discretionary permits. The zoning can also be in areas that are already developed; it does not need to be located on vacant lots.
Marblehead’s plan consists of three separate zoning districts:
Sub-District #1 – “Tioga Way”
Sub-District #2 – “Pleasant Street”
Sub-District #3 – “Broughton Road”
Plan Summary:
The proposed plan is compatible with Marblehead’s infrastructure capacity to accept additional development.
Consists of three separate zoning overlay districts: Sub-District #1 – Tioga Way, Sub-District #2 – Pleasant Street, Sub-District #3 – Broughton Road
Preserves the character of Marblehead: Proposal uses an incremental step approach – Zoning areas that already have or allow multi-family by special permit; Old & Historic Districts not included.
Takes into consideration existing multi-family and mixed-use development: ~ 360 units already exist out of the 897 unit requirement.
For more information, go to Executive Office of Housing and Livable Communities General MBTA Communities page.
A five-part series in Commonwealth Magazine in 2022 gives the non-planner a good understanding of the MBTA Communities law and how it will impact local Massachusetts MBTA towns and cities:
The Metropolitan Area Planning Council (MAPC) has an informative Regional Housing Page with information, toolkits, reports, and more.
The Citizens’ Housing and Planning Association (CHAPA) is a non-profit advocate for affordable housing in the region and they host events, programming, and housing opportunities and are an educational resource.
Links to prior public engagement input:
