Southborough for All

The MBTA Communities Law, also known as Section 3A of MA General Law, Chapter 40A (The Zoning Act), passed as part of the State’s economic development bill in January 2021. Final 3A guidelines were issued in 2022.

It affects communities with MBTA stations (commuter rail, bus, subway) and adjacent MBTA serviced communities.

Southborough is a MBTA Community because of our commuter rail station on the Framingham-Worcester line. There are 177 municipalities in MA that are considered MBTA communities.

• Developing underutilized and vacant lots will create new tax revenue for the Town.
• Increasing the diversity of housing options will enable older adults to downsize and continue to live in Southborough.
• Increasing our supply of smaller units — such as duplexes, townhouses, and small apartment or condo buildings — will help moderate prices and make homeownership more affordable for young families.
• Additional housing close to public transit will promote small business development, strengthen our local economy, preserve green space, and lower Southborough’s carbon emissions.
• Preserve open space and decrease development sprawl.

Southborough voters will have the opportunity to vote for the proposed zoning changes at a Special All Town Meeting Monday September 30.

The Commonwealth is facing the greatest housing crisis in the state’s history. We feel it here in Southborough – housing is scarce and financially unattainable for too many.

According to the Executive Office of Housing and Livable Communities, the state has among the highest and fastest growing home prices. High rents are causing financial pressures on low and middle-income families. High housing costs are a primary driver of homelessness.

Planning for housing near transit is good housing, economic, transportation, and climate policy for the state and for Southborough.

Overcoming restrictions for multi-family housing can help us maintain a diverse Southborough and address specific gaps in our housing supply. More housing options will enable seniors to downsize, families to stay here, and local employees to live where they work.

Southborough, as a commuter rail Community, must adopt zoning that designates:

• at least one district(s) of reasonable size that permits new multi-family housing “by right”
• that contains a minimum of 50 acres overall.
• allows for a minimum density of 15 units per acre
• without age restrictions, and is suitable for families with children
• multiple zoning districts may be used to comply, as long as they meet Section 3A's criteria

• The law does not mandate construction of any new housing.
• It does not dictate what type of multi-family housing (i.e. apartments, condos) may be permitted under new zoning.
• It does not change Southborough’s underlying zoning. The proposed new zoning districts are overlays in areas zoned for residential or industrial uses.

Multi-family housing is defined as “a building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than 1 residential unit in each building.” A variety of building types, including townhomes and triple-deckers, meet this definition.

Studies show multi-family housing uses less energy thanks to shared systems, walls, and common spaces, and it can minimize buildings’ physical and operational footprints.

As open space is a consistent top priority for Southborough residents, multi-family housing and transit-oriented development are good, consistent strategies to decrease development sprawl and preserve open space.

Unit capacity is a measure of the number of multi-family units that the zoning allows by right in the district. Each community’s minimum unit capacity is based on a percentage of its total existing housing stock and transit community type.

Southborough’s minimum total capacity for our new district number is 750 units. While this may at first sound like a large number of units, keep in mind it is a theoretical determination of how many multi-family units the zoning district would allow by right on a parcel if it were undeveloped (as illustrated below), and not an indication of how much housing will actually be built.

While the goal of the law is to produce more housing opportunities, we are not mandated to build any units — only to create zoning districts that allow for them.

“By right” or “as of right” means that use is allowed without requiring a special permit or other discretionary zoning approval. Section 3A zoning will allow the multi-family use “by right” within the designated district. But, while the use is allowed, developers cannot just build whatever they want.

Restrictions in our zoning ordinance (height limits, setbacks, parking requirements, wetlands protections,, stormwater regulations, etc.) still apply, and there are numerous permits and check points required, including building permits and site plan reviews, to ensure projects are compliant and well designed within Southborough’s existing zoning code.

No. Section 3A requires communities to use their local authority, granted to them by state law, to adopt or amend zoning to create the new district(s) just as they would normally adopt any zoning changes. The state is merely providing the guidelines and tools to write our zoning to be compliant. There are many existing examples of such state-mandated guidelines.

Since zoning is a local matter granted by the state, we have a lot of flexibility in terms of district(s) location, size, dimensional requirements, and what uses will be permitted. It is not a “one-size-fits-all” provision. Southborough’s Planning Board and other leaders have worked collaboratively with the state to ensure our zoning districts fit our local fabric. For example, while many commuter rail communities need to have at least half of their zoning district within their station area, only 20% of Southborough’s district must be within the station area, given the location of our commuter rail station.

Yes. The MA Attorney General issued guidance on March 15, 2023 stating all MBTA Communities must comply with Section 3A. The law does not allow for any municipality to opt out of this requirement. Non compliance municipalities risk liability under federal and state fair housing laws as well as eligibility for multiple state funding opportunities in the future. A community that fails to comply will not be eligible for Housing Choice funds, Local Capital Projects Fund and Mass Works Infrastructure funding through the state, and according to the Executive Office of Economic Development, “Community One Stop for Growth programs will take noncompliance with Section 3A into consideration when making grant award recommendations.” In addition, according to EOHLC, compliance with Section 3A is tied to state funding from the following sources:

This list does not include future funding that would be available to us or if the state expands what grants are not available to non-compliant communities. Grant programs provide significant resources for infrastructure and development, and future town projects could greatly benefit from these funding sources.

Absolutely not! Southborough property owners within our designated district will continue to have the rights they currently have since the base zoning will remain. Individual property owners will have the option to decide if they want to redevelop their property under the new zoning. No one is required to change their property or develop new housing.

While Section 3A does not include any requirement for deed-restricted affordable housing, it does not prohibit affordable housing. In fact, Section 3A will ease development costs on non-profits which could lead to the production of more deeply affordable units.

The law’s guidelines allows towns the option of 10% to be set aside as deed restricted affordable.

While any new developments will not necessarily be deed-restricted as low-income housing, any increase in the number of homes will make housing more broadly affordable (without impacting the value of nearby homes).

The currently proposed districts will not include any commercial development.

State building code already requires the provision of adequate basic utilities (including water/sewer) before a building permit can be issued. Because Southborough does not have sewer service, any new buildings will continue to be on septic systems.

It is typically the responsibility of a developer to provide utilities and a site plan review of any potential multi-family projects will determine these impacts. If current infrastructure capacity does not allow for new development, none will occur.

One of the primary goals of encouraging development near transit is to reduce reliance on cars. Building more housing in areas served by public transit and located in walkable neighborhoods near businesses and civic opportunities gives residents options for how we get to work, shopping, and leisure activities – reducing the need to drive for every trip.

• Southborough Planning Board MBTA Communities Website
• MAPC - Myth-Busting the MBTA Communities Law
• EOHLC - Multifamily Zoning Requirements for MBTA Communities
• Abundant Housing Massachusetts