Section 3A Multifamily Zoning Frequently Asked Questions
What is the Section 3A/MBTA Communities Law?
The MBTA Communities Law is a bipartisan law passed by the Legislature and signed by then-Gov. Charlie Baker in January 2021 to address the regional housing crisis affecting metropolitan Boston.
It requires 177 towns served by the Massachusetts Bay Transit Authority (MBTA), including Norwood, to adopt zoning that allows as-of-right development of multifamily housing in districts within half a mile of commuter rail, subway, bus stations or ferry terminals.
The law requires that districts be at least 50 acres, allow at least 15 units per acre, be suitable for families with children, and carry no age restrictions.
“Multi-family housing” means a building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than 1 residential dwelling unit in each building. More HERE.
Why was the law passed?
Massachusetts has among the highest home prices and rents of any state in the nation.
These high costs are pricing families out of communities, preventing older adults from downsizing, creating challenges for local employers, and causing many people to move to other states where housing is more affordable.
Our regional housing crisis results from multiple factors, including inadequate housing supply and exclusionary zoning by suburban Boston communities.
What’s required of Ipswich?
A special Town Meeting is scheduled for October 22, 2024 to consider a zoning article to comply with the law.
Ipswich must comply with the state law by December 31, 2024.
Ipswich is defined as a “commuter rail community” because we have one MBTA commuter rail station in town. Under the law, Ipswich is required to create a zoning district of at least 50 acres, with a minimum of 40% of the area located within a half-mile radius of the MBTA station. This district must allow for a density of at least 15 housing units per acre, with a total capacity for a minimum of 971 multifamily units
The law does not require these units to be built.
What is the Ipswich 3A Task Force?
The Town Manager appointed resident volunteers to a Section 3A Task Force, supported by the Planning Department, to work on Section 3A implementation for Ipswich. The Section 3A Task Force members include:
- Carolyn Britt, Climate Resiliency Committee
- Chris Doktor, Architect
- Peter Eliot, Ipswich Partnership
- Glenn Gibbs, Zoning Specialist & Former Planning Director
- Toni Mooradd, Planning Board
- Sarah Player, Select Board & Affordable Housing Trust Fund Board
- Mariana Ovnic, Historical Commission
- Ken Redford, Housing Partnership
Does this zoning mandate the construction of new housing units?
No, this zoning change does not require the construction of new housing units. It simply allows for the possibility of developing multifamily housing. Changes will depend on individual property owners’ decisions.
Do I have to make changes if my property is included in a 3A District?
No, this zoning change is not compulsory. Property owners are not required to change anything about their current property use. However, they will have the option to add multifamily housing if they choose.
Is this an affordable housing law?
While a certain percentage of required affordable units can be included in this zoning, Section 3A is not solely an affordable housing law but also a housing production law. By increasing the overall supply of housing, the law aims to help drive down costs and make housing more affordable for everyone.
Ipswich will conduct an Economic Feasibility Analysis, which, under the law, will allow the town to mandate that up to 20% of units in a project be designated as affordable.
What is the timeline for complying?
Beginning in Fall 2023 and continuing through Fall 2024, the Town, supported by the 3A Task Force and the MAPC consultant team they are working with, is actively engaged in a planning process with extensive community engagement to determine the location and details of Ipswich’s district(s). A proposed district(s) will be presented at the Fall 2024 Special Town Meeting.
What are the benefits of the law for Ipswich?
Expanding housing options in Ipswich will address diverse community needs:
- New housing choices will allow older adults to downsize while remaining in town.
- Smaller units like duplexes, townhouses, and small apartment buildings will help moderate housing prices.
- More affordable housing will make home ownership accessible to young families and town employees.
- Increasing housing near public transit will:
– Enhance local business development
– Boost the economy
– Preserve green spaces
– Reduce carbon emissions
- Greater availability of affordable housing will promote equity and enrich community diversity.
Overall, these changes will create a more inclusive and sustainable Ipswich.
How can I find out more?
The Ipswich Planning Department has a Section 3A Multifamily Zoning Project website is a good source for clear, objective information about how the law affects Ipswich and how the Town is planning to comply.
The website offers past presentations, surveys, FAQs, and details on how to get involved and have your voice heard.
It’s important to note that many buildings are not situated on full acre lots,
which can make the density per acre appear higher than the actual number of units in the building.