Bridgewater's Vision to Reality: Let’s Talk MBTA Communities

In this issue of “Let’s Talk,” we want to provide you with additional information regarding MBTA Communities. 

Starting with the “legalese,” MBTA Communities refers to Section 3A of Massachusetts General Law Chapter 40A, as passed by the state legislature in 2021. Its relation to the MBTA comes from the law’s requirements being contingent on the type of MBTA transit that exists in a community, and with our train platform, Bridgewater is identified as a “commuter rail community.” In total (excluding the City of Boston), there are 177 municipalities in eastern Massachusetts subject to the law. The intent of the law is to address the lack of housing available in the state and to make more dense housing available as close to public transit as possible. The legislation does not require that new housing be designated affordable.

As a commuter rail community, the law requires that by December 2024, the town have a zoning district with by-right zoning capacity for 1,401 units of multi-family housing at a density of no less than 15 units per acre across a district of a minimum of 50 acres. We do not currently have a zoning district that meets those requirements. The law requires that new units be equal to 15% of existing housing within the town (9342 units as of 2020). Multi-family housing is defined as any building with three or more units on a single lot. Additional requirements of the law are that the zoning district be within a half-mile radius of an MBTA train platform, that there are no age restrictions, and that the housing be suitable for families with children. 

Very simply, zoning is a way of regulating how land can be used and developed by dividing it into different areas or zones. Each zone has a set of rules that specify what types of buildings, activities, and uses are allowed or prohibited in that area. To meet the requirements of the law, the Town will need to create a new “overlay” district for a portion of the Central Business District (CBD) and Residential – D, which would include dimensional and use provisions that satisfy the 1401-unit requirement set by the state. 

It is very important to understand that the law does not require that 1,401 units of new housing be created. It requires that the underlying zoning of the district allows for it in the future. The creation of the district also does not change what already exists on a lot.  Think of it as a “going forward” concept: if an existing empty lot existed today and a decision was made to build upon it, any new building would need to meet the new zoning requirements. Likewise, if a parcel of land was to be redeveloped, the new development would also need to meet the new zoning requirements.  

The Town will have influence on what new buildings might look like. This influence will be embedded in our revised zoning regulations which will include a Form Based Code which clearly defines requirements for building heights, building and parking placement, architectural features, as well as standards for sidewalks, street trees, parking, and public spaces.

The Town does not have the option of not meeting the requirements of the law. In March of this year, the Massachusetts Attorney General issued an advisory opinion which stated that “All MBTA Communities must comply with the law” and that “Failure to comply with the law results in a loss of eligibility for the community for certain funding programs.”  The state recognizes that there are impacts to communities in meeting the requirements of the law and is making funding available through various programs. Bridgewater has received grant funding to retain professional services in amending our current zoning and creating both the Form Based Code and overlay district. Future funding is also going to be available for anticipated infrastructure improvements impacted by new development. The Town is actively engaging with our state elected officials, as well as with the Healey administration on the issue of infrastructure.

We hope that this offers some more clarity as to what MBTA Communities means and what obligations the Town has under the law.