General Principles of Compliance
Effective Apr 11, 2025Mass. Register #1545MGL c. 23B MGL c. 40A, § 3AExecutive Office of Housing and Livable Communities
(1) 760 CMR 72.00 describes how an MBTA community can comply with the requirements of M.G.L. c. 40A, § 3A. 760 CMR 72.00 specifically addresses:
- (a) What it means to allow Multi-family housing "As of right."
- (b) The metrics that determine if a Multi-family zoning district is "of reasonable size."
- (c) How to determine if a Multi-family zoning district has a minimum gross density of 15 units per acre, subject to any further limitations imposed by M.G.L. c. 131, § 40 and 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage .
- (d) The meaning of M.G.L. c. 40A, § 3A's mandate that "such multi-family housing shall be without age restrictions and shall be suitable for families with children."
- (e) The extent to which MBTA communities have flexibility to choose the location of a Multi-family zoning district.
(2) The following general principles have informed the more specific compliance criteria that follow:
- (a) MBTA communities with Subway stations, Commuter rail stations and other Transit stations benefit from having these assets located within their boundaries and should provide opportunity for Multi-family housing development around these assets. MBTA communities with no Transit stations within their boundaries benefit from proximity to Transit stations in nearby communities.
- (b) The Multi-family zoning districts required by M.G.L. c. 40A, § 3A should encourage the development of Multi-family housing projects of a scale, density and aesthetic that are compatible with existing surrounding uses, and minimize impacts to Sensitive land.
- (c) "Reasonable size" is a relative rather than an absolute determination. Because of the diversity of MBTA communities, a Multi-family zoning district that is "reasonable" in one city or town may not be reasonable in another city or town.
- (d) When possible, Multi-family zoning districts should be in areas that have safe, accessible, and convenient access to Transit stations for pedestrians and bicyclists.