Voters who only recently became aware that there was such a thing as the MBTA Communities Law may be having a hard time getting caught up on the specifics of the repeal question that will be the sole item on the Jan. 14 special election ballot.
What does the MBTA law mandate for Needham?
A zoning overlay district of at least 50 acres with a density of at least 15 units per acre and a minimum zoning capacity of 1,784 units where multifamily housing is allowed by right — that is, without a special permit — and located within half-mile of a commuter rail station.
Is Needham in compliance with the law?
No. The Executive Office of Housing and Livable Communities says Needham was out of compliance when it failed to meet its Dec. 31 deadline. Town Meeting had voted on Oct. 21 on zoning articles to comply with the law, but the effort to repeal that vote subsequently put the town out of compliance.
From EOHLC: Needham will be non-compliant on January 1st because they will not have zoning in force by their deadline (12/31/24). The law and guidelines require Needham to have zoning in force and to submit their zoning materials to EOHLC by 12/31/24.
When will Needham be in compliance?
If the yes vote prevails in the Jan. 14 election, compliance will be essentially immediate, retroactive to Oct. 21.
If the no vote prevails and the repeal is successful, the town will remain out of compliance and will have to restart the Town Meeting process to produce a compliant plan that must then be reviewed and approved by the state. The earliest possible date a Town Meeting would be held — assuming all goes according to an accelerated schedule — would be Feb. 24.
Needham officials previously submitted a draft of a multifamily district to EOHLC for pre-adoption review. This review allows EOHLC to offer guidance on whether the district as designed could ultimately achieve compliance. Needham town officials had said they would still submit their zoning materials to EOHLC by 12/31/24 so that if the referendum upholds the zoning, EOHLC can move forward with determining compliance as soon as possible.
What are the possible repercussions of not complying?
Ineligibility for a growing list of discretionary state funding programs.
Who decides zoning changes in Needham?
Zoning bylaws are in the domain of the Planning Board, which conducts a lengthy process to develop zoning rules that then require approval from Town Meeting. Any zoning that passes Town Meeting must also be approved by the state, which is the ultimate arbiter of the legality of zoning in all Massachusetts communities. Residents don’t usually vote on zoning issues.
By what margin did Town Meeting approve the neighborhood plan versus the base plan?
Town Meeting approved Needham’s MBTA zoning plan Oct. 21. The base plan passed by a near-unanimous voice vote. The neighborhood plan passed by a 118-90 show-of-hands tally.
How long had Needham been working on this housing issue?
Three years.
How many units must be built?
There is no legal requirement to build a single unit.
How much single-family zoning was changed?
None.
Why wasn’t Hersey considered?
The area around Hersey did not meet the minimum five contiguous acres required for compliance without changes to zoning in single-family zoned areas. It also abuts the Needham Golf Club, which is town-owned property and therefore not eligible under the MBTA requirements for compliance. HONE did make a recommendation to the Planning Board that it consider creating a zoning “overlay” district within a half-mile of Hersey that would allow multifamily housing.
Why can’t we have more affordable housing?
The MBTA law generally does not allow any affordability requirements, although it will grant affordable housing incentives if the town can prove it does not have an impact on the economic viability of projects. Needham requires that 12.5% of all new units in buildings with 6 or more units be set aside as deed restricted affordable housing.
Why can’t we make it specifically senior housing?
The MBTA law does not allow any age-based restrictions to be placed on zoning. This does not mean senior housing cannot be built under the zoning; it only means it can’t be mandated or otherwise required as a condition of approval.
What effect, if any, will this plan have on existing businesses?
It will be up to individual landlords to determine whether they want to transition from commercial to residential use. Additional housing could have the potential benefit of increasing foot traffic and overall vibrancy.
What are the differences between the base plan and the neighborhood plan?
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