MBTA 3A FAQ

About the Law

What is the MBTA Communities Act (also called Chapter 3A or just 3A)?

The MBTA Communities Act was signed into law in 2021 by then Governor Charlie Baker, with the intention of creating more multi-family housing to address the crucial housing shortage in MA. The law focused on the MBTA Communities to moderate the impact to the 2nd largest problem facing the state – traffic.

The law requires every one of the 177 communities that are served by or adjacent to the MBTA to create districts where property owners will have the option to build as-of-right multifamily housing.

Once fully implemented, the law is expected to create roughly 40,000 homes--making it a key strategy in realizing the 2025 Massachusetts Statewide Housing Plan goal of creating 222,000 homes by 2035 to help stabilize housing prices.

Why was the MBTA Communities Act Passed?

The MBTA Communities Act is intended to be a step towards alleviating Massachusetts’ Housing shortage of approximately 222,000 homes.

Since the 1990s, Massachusetts has had a very slow rate of home production, leading demand for housing to exceed supply, which creates high prices. Massachusetts has built too few duplexes, town homes, triple-deckers, and other kinds of mid-sized multifamily housing since the 1990s, which tend to be more reasonably-priced housing types as they are typically smaller than single family houses, require less land and upkeep.

While there are many reasons for this slowdown in housing production, the one that builders have identified to be the most important is Massachusetts’ highly restrictive zoning regulations. Many communities in Eastern Massachusetts require lots of a half-acre or more for each home, and the majority are not zoned for other housing types besides single family homes on 80% of their land.

3A will create more opportunities to build homes by mandating communities change their zoning by-laws to allow the construction of multifamily housing as-of-right in 3A districts.

What is the consequence of Massachusetts Housing shortage?

High demand for housing and limited supply have caused home prices in Greater Boston to skyrocket by 86% since 2015, while rents have grown by 47%. That means the minimum household income required to afford a moderately priced home in Greater Boston is now over $220,00, while the income needed for a median apartment is over $110,000. For comparison, the median household in our region earns only $95,000.

These high prices are causing many young, middle-class people to leave the state in search of more affordable housing. A 2023 study by the Greater Boston Chamber of Commerce found that 1 in 4 young people (ages 20-30) plan to leave the region within the next 5 years. Cost of rent and ability to buy a home were the #1 and #3 cited reasons for moving.

Those leaving Massachusetts are more likely to have a college degree and be middle income, meaning that the people most likely to power Massachusetts’ economy in future are leaving to other states – a prospect that has alarmed many business leaders.

Additionally, high home prices and a shortage of smaller units have made it difficult for many older adults to downsize, and it makes it difficult for teachers, first responders, and small business owners to live in or near the communities that they serve.

What does it mean to change zoning?

Zoning sets the type of developmental and rational use of land allowed on a given tract, to promote a stable quality of life, health and safety, as well as economic development, manage traffic, protect natural and historic resources, etc.

Although every municipality has its own zoning code, they all address:

• Allowable uses (residential, commercial, industrial, open space, etc.)
• The setbacks to property lines and maximum height.
• Define districts where various types of buildings are allowed – single family or commercial or mixed use – depending on the zone.
• Requirements for things like parking.

Creating an MBTA Communities Overlay District does not prevent a property owner from continuing to use their land as they have in the past. If a property was in a single-family zone before being overlaid with 3A zoning, the original zoning and tax assessment remains unless the owner decides to construct under 3A. Rezoning a property into an MBTA Communities District gives the owner the option to build multifamily housing as-of-right if they choose to do so.

What kind of housing is the MBTA Communities Act intended to create?

3A requires that the districts maintain a density of no less than 15 units per acre as an average across the combined 3A zones. There is no current development in Weston that has this density, the highest existing density is approx. 9 units per acre according to the Planning Board. If we zone some districts at lower densities – we have to zone other areas at higher densities. The 3A Communities Act is intended to encourage the creation of “missing middle” housing types that fall between single family homes and mid-rise apartment buildings. These housing types include townhomes, duplexes, triple-deckers, and small apartment buildings.

These homes are intended to benefit people who do not have incomes low enough to qualify for deed-restricted affordable housing, but who cannot afford the $950,000 median sale price for a single-family home in Greater Boston.

How is Weston working to comply with the MBTA Communities Act?

Weston’s Select Board and Planning Board have formed a working group and are hosting weekly meetings to develop a plan to comply with the MBTA Communities Act. The Select Board and Planning Board believe the new plan will be an improvement over the plan that was presented at the December 2024 Town Meeting. This new plan is tentatively scheduled for a town vote at an October 15, 2025 Special Town Meeting. The 3A Working Group indicates it’s working toward drafting a plan they hope will be approved.

The process aims to produce a final proposed plan by the end of July, then drafting the formal warrant article language, holding the required hearings, resulting in final votes by the Planning Board, then a submission of the plan to the Select Board for inclusion as an article on the Warrant for a Town Meeting vote October 15. The timeline is aggressive which is why the 3A Working Group is made up of all members of the Select Board and the Planning Board and will be meeting every week over the summer. They realize how important it is to have the best option which will comply with the 3A law. Unfortunately, it does leave little time to educate town voters on the plan’s improvements or the benefits of approval over rejection. Still, we know that many in Weston leave in the summer and don’t refocus on town issues until school starts. The Working Group is hopeful that as these meetings are on Zoom and recorded, residents will tune in. Unfortunately, this has not often proven to be the case.

How many towns have complied with the MBTA Communities Act?

One hundred and thirty-nine towns, who need to comply by July 14th, have passed MBTA 3A compliant by-laws. Thirteen of the core MBTA towns still need to comply by July 14th, 2025 and three towns are current non-compliant.

How does MBTA Communities Act relate to 40B?

Chapter 40B is a Massachusetts state law, enacted in 1969, that allows developers to bypass certain local zoning restrictions as long as their project includes affordable housing AND if less than 10% of the Town’s housing stock is affordable. Specifically, if less than 10% of a community’s housing is deemed affordable, developers can build higher-density housing, as long as at least 20–25% of the units are affordable. The goal is to encourage the creation of more affordable housing across the state by enabling developers to ignore existing zoning. The 40B law has encouraged many towns to create affordable housing through their own planning process as opposed to developer-driven40B developments which are generally unfriendly to local concerns. Weston has consistently resisted apartment developments of any type, 40B or other.

The MBTA Communities Act (3A) requires towns to rezone as-of-right a certain amount of land at a certain density (some of which must be within a ½ mile of transit stations) for multi-family housing. The goal of this law is to encourage the creation of multi-family housing on a by-right basis. Weston is required to establish districts with a minimum total of 50 acres to produce 750 units at a collective density of 15/units per acre, with 40% near an MBTA station and 60% anywhere else in town. The MBTA Communities Act may allow the town to require 10% to 20% affordable units if they can demonstrate it is economically feasible.

The MBTA Communities Act (3A) requires towns to rezone as-of-right a certain amount of land at a certain density (some of which must be within a ½ mile of transit stations) for multi-family housing. The goal of this law is to encourage the creation of multi-family housing on a by-right basis. Weston is required to establish districts with a minimum total of 50 acres to produce 750 units at a collective density of 15/units per acre, with 40% near an MBTA station and 60% anywhere else in town. The MBTA Communities Act may allow the town to require 10% to 20% affordable units if they can demonstrate it is economically feasible.

However, 40B’s can ignore all zoning setbacks, height restrictions, as well as Weston’s improved storm water management by-laws. The 3A Working Group is considering designating a part of the 751 Boston Post Rd. 40B development as one of the 3A zones, but to do so late enough in the construction process and with fewer units under 3A than are being now built under 40B so that the developer would not switch designations. This would give the town full 40B credit for all apartments as well as 3A credit for many of them.

What is the state of 40B in Weston?

Although the 40B law has been in existence for more than half a century, Weston has not yet met the 10% affordable housing threshold and is therefore vulnerable to more 40B projects. The following table is the status of the 40B projects in the pipeline. We are currently at 8.1% since the comprehensive permit has been issued for 751 Boston Post Road. The other projects listed below are still in the pipeline and therefore are not yet counted towards the 10%.

Since 40B counts all rental units in a project towards the 10% goal, and 3A counts only the truly affordable units, the town needs enough of the proposed units to be developed under 40B so as to end our exposure to additional unfriendly 40B developments. If the additional projects in the table below were as far along in the permitting process as 751 Boston Post Road, the Town might zone them as 3A as well without risk of the developer converting the designation and avoiding the 40B requirements.

Development Related

Will projects in MBTA Communities districts still require site plan review?

Yes, MBTA Communities Act projects will go through the site plan review process.

How many new homes are likely to be built in the proposed multifamily zoning districts?

Weston’s Select Board and Planning Board Working Group have intentionally chosen to rezone sites with existing development to minimize the potential for new construction. This is allowed under the 3A Rules and Regulations and they refer to this strategy as ‘long term planning’.

Zone I: Granite Brook is currently a gravel and stone business that has stated publicly it does not have plans to build housing.

Zone II: Boston Properties is most likely to build housing.

Zone III: The Town-owned 1.35 acre Riverside parcel is most likely to move forward with construction of 20 units of housing. Weston has always had plans to build housing here before MBTA Communities Act. This was approved at Town Meeting several years ago.
Greatland LLC owns other Riverside parcels which were zoned for lab and office. They have built/renovated 2 of the 3 buildings (counting the structured garage) permitted. If the lab market remains soft, it is possible they would choose that the unbuilt building become housing instead of lab/office. Such a change in building type is not their preference as they lose money and they have no plans to do so. The proposed by-law caps the allowed square footage for the site so it cannot exceed the area originally planned as lab/office.

Merriam Village is an existing non-profit development for affordable senior housing and has no plans to expand. It owns about 15 acres, only 7 of which are developed with 62 affordable senior apartments. If it were to construct under 3A, the owners would continue it as affordable senior housing. Owner can choose such economic and age parameters the by-law cannot. It is the only proposed 3A zone with a fully dedicated benefit to the housing needs of the town as all other possible developments are predominately commercial and market rate. We at Engage Weston encourage designating all 15 acres under 3A.

Zone IV: Maplewood is currently developed as assisted living and there is no room on their property to develop more housing. Charles River Recovery has said they would purse a small apartment building but they will have to work with wetland setbacks and a utility easement belonging to Waltham.

What happens if a developer chooses to build fewer homes than the zoning allows?

If a developer chooses to build fewer homes in an MBTA Communities district than the maximum permitted, the Town is under no obligation to allow additional multifamily development anywhere else.

The law requires Weston to rezone to allow as-of-right multi-family housing in designated 3A districts, it does not require those homes to be built.

When would homes be built in the new zoning districts?

Changing the zoning of properties does not require owners to build anything or change anything about their properties. Weston is proposing to rezone as many properties as feasible which are not likely to build anything in the near term, with the exception of the Boston Properties parcel at 133 Boston Post Road which fulfills the 3A mandate of units within ½ mile from an MBTA station.

Will MBTA Communities districts include affordable housing?

Yes, Weston can require the developer to provide 10% of the units to be affordable, but we must go through a feasibility study which can only occur after the town votes to approve an option and the state approves it. If deemed economically viable, Weston can require up to 20% of the units to be affordable.

Will homes in MBTA Communities districts be rental or ownership opportunities?

3A Zoning cannot regulate ownership. It is the owner’s discretion whether to develop rental units, for-sale units or a combination of both.

Impacts to Weston

How will adopting this plan affect traffic in Weston?

Though the overall goal of the MBTA Communities Act is to build more housing near transit stations so as to not increase significantly traffic, 60% of the housing is not required to be close to a transit station.

How will adopting this plan affect Weston’s municipal finances?

If Weston does not comply with the MBTA Communities Act, it risks losing state grant funds which we do not use, however the courts can impose fines which could be significant and fiscally painful, not to mention legal fees in defending against likely legal action from the state.

However, economic impact analyses commissioned by other towns seeking to comply with the MBTA Communities Act have found that new housing development would be positive for municipal finances. The towns of Milton, Mansfield, Medfield, and West Newbury have commissioned economic impact analyses that have all found that complying with the MBTA Communities Act would have a positive impact on their municipal finances.

Weston commissioned its own financial analysis of the potential impact of 3A on town finances, with a conclusion that “The overall findings show new multifamily housing would have a net positive fiscal impact on the town’s finances and cover the incremental municipal and school costs associated with new multifamily development.” The full study is on the town’s website under materials for the December Town Meeting at: (https://www.westonma.gov/1884/3A-MBTA-Multifamily-Zoning) and entitled Financial Analysis by RKG Associates. The 3A Working Group has asked for this report to be updated with some new assumptions.

How could adopting this rezoning plan impact Weston’s schools?

Research shows that seniors and young couples without children are most likely to live in the smaller units that dominate contemporary multifamily housing developments. These studio and one bedroom heavy developments are the most profitable to build. A recent study from the Metropolitan Area Planning Council found that there is no correlation between school enrollment and multifamily zoning in Massachusetts.

The Planning Board has approached the schools and since enrollment has declined since the peak, the schools indicated that they have the capacity to accommodate approximately new 300-400 students, without the need for more physical buildings.

How would the zoning proposed as part of the MBTA Communities compliance strategy impact Weston’s neighborhood semi-rural character?

The proposed by-law sets building heights, and setbacks from property lines and requires site plan review which can regulate vegetative buffers/plantings, hardscape, septic and storm water system locations, and lighting.

Most of the potential sites are on the edges of the town and/or removed from abutters and therefore diminish the impact on the character of the community.

The Unified Planning survey results indicated that residents would like more housing to accommodate municipal workers, first time home buyers, the aging population, adult children, and families. In Weston, housing prices exceed the reach of households with median incomes. A four-person household with an 80% average median income of $130,500 can afford to pay $342,650 for a three-bedroom single-family home. The median home price in Weston is $2.6M.

Consequences of Non-Compliance

What is the consequence of Non-Compliance?

A recent statement from the Attorney General:

All MBTA Communities must comply with the Law. Communities that do not currently have a compliant multi-family zoning district must take steps outlined in the DHCD guidelines to demonstrate interim compliance.

Communities that fail to comply with the Law may be subject to civil enforcement action. Non-compliant MBTA Communities are also subject to the administrative consequence of being rendered ineligible to receive certain forms of state funding. Importantly, MBTA Communities cannot avoid their obligations under the Law by foregoing this funding. The Law requires that MBTA Communities “shall have” a compliant zoning district and does not provide any mechanism by which a town or city may opt out of this requirement.

MBTA Communities that fail to comply with the Law’s requirements also risk liability under federal and state fair housing laws. The Massachusetts Antidiscrimination Law and federal Fair Housing Act prohibit towns and cities from using their zoning power for a discriminatory purpose or with discriminatory effect

An MBTA Community may violate these laws if, for example, its zoning restrictions have the effect of unfairly limiting housing opportunities for families with children, individuals who receive housing subsidies, people of color, people with disabilities, or other protected groups.”

While nothing specific, outside of the statutory penalties in the law itself, has been announced by the State with respect to Towns that do not comply by the final July 13th deadline, many far more painful remedies have been discussed in various media interviews with the Governor and the Attorney General. These include ineligibility for school and highway funding, non-competitive rankings for grants and other funding tools, and more. Financial penalties for Fair Housing violations can be quite significant.

Although extremely unlikely, the State also has the authority to create its own zoning plan and superimpose it on any community.

Any of these additional penalties could potentially have a profound impact on the property tax that Weston residents pay, and the services that the Town provides