MBTA Communities Multi-Family Zoning

Continued Public Hearing on Proposed MBTA Communities Multi-Family Housing Overlay District:

Planning Board: Tuesday, April 2, 2024 at 7 pm / Town Hall (120 Main Street), Select Board Meeting Room

Background

In 2021, an amendment to the Commonwealth of Massachusetts' Zoning Act (Section 3A of MGL Chapter 40A) was passed into law. This new law requires that so-called "MBTA Communities" as designated by the Commonwealth, shall have at least one zoning district of "reasonable size" in which multi-family housing is permitted as of right and meets other criteria set forth in the statute, such as:

• Minimum gross density of 15 units per acre
• Located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable*
  • Note: This provision is not applicable to North Andover because of its status as an "Adjacent Community" - more information on this below
• No age restrictions and suitable for families with children (cannot restrict unit size)

Draft Zoning Bylaw

View a DRAFT bylaw, developed by Town Staff in consultation with the Merrimack Valley Planning Commission (MVPC), which is serving as a consultant to the Town. On February 21, 2023, the Planning Board opened a public hearing to begin reviewing this bylaw in preparation for bringing it (or a revised version of it) forward for consideration at the Annual Town Meeting 2024. The Planning Board has since continued the discussion of the bylaw during subsequent meetings.

Outreach & Public Engagement

Access a page with recordings of meetings and posted/presented materials regarding MBTA communities compliance*

Town Staff began working with the Merrimack Valley Planning Commission (MVPC) in 2022 in order to develop an approach on how the Town can comply with the State's MBTA Communities Zoning mandate. Since that time, there have been at least 16 public meetings in which MBTA Communities / Section 3A Compliance has been discussed:

• Starting in 2022, initial conversations were conducted with the Select Board and Planning Board about compliance guidelines;
• Focused feedback was received from the general public at four separate meetings, starting in 2023:
  • February 15, 2024: MBTA Communities Forum (remote)
  • September 13, 2023: MBTA Communities Forum (in-person at Senior Center)
  • September 28, 2023: Housing Production Plan Regional Forum (remote)
  • December 7, 2023: Housing Production Plan Local Forum (in-person at Senior Center)
• July 17, 2023: Joint Meeting of the Select Board and Planning Board provided first introduction of proposed district locations; feedback was received from both bodies
• At the July 25, 2023 Planning Board meeting, the Zoning Map was reviewed in its entirety. Some of the specific sites that were discussed internally, publicly, and before the Planning Board/Select Board were:
  • Royal Crest
  • Eagle Tribune
  • Downtown / Sutton Street area
  • The Mills
  • Princeton Properties
• Discussed at nine Planning Board meetings since July of 2023 meeting

The Planning Board opened its required public hearing for the proposed zoning bylaw amendment on February 20, 2024. It has continued to discuss this matter at subsequent meetings (note the top of the page for the next public hearing date). The public is encouraged to participate in this public hearing process - to ask questions and provide feedback.

Please direct questions and/or input to Jean Enright, Planning Director by email or call 978-688-9535.

Additional Information

The following is a high-level fact sheets about the state-mandated MBTA Communities Multi-Family Zoning law. See the detailed frequently asked questions (FAQs) that provide more information about this mandate, how it relates to North Andover, and what the Town will consider at Annual Town Meeting in May of 2024.