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May 3, 2024 – This week, Newbury and Andover became the first towns in the Merrimack Valley to approve zoning bylaw amendments intended for MBTA Communities compliance, with residents in both communities gathering at their respective Annual Town Meetings to debate and vote on adoption of these new zoning overlay districts. After lengthy discussion over the zoning changes, voters in both towns overwhelmingly voted in favor of the new districts. In the Merrimack Valley, Andover and Newbury now join Haverhill with zoning aimed for compliance. The City of Haverhill had pre-existing zoning believed to be in compliance, and thus did not need to pass any zoning amendments and has already applied to the state for a determination of compliance. 

In 2021, the Massachusetts State Legislature passed the MBTA Communities law, which requires communities to create a zoning district that allows multi-family housing to be permitted by right. This new law aims to address the housing crisis in Massachusetts by providing communities with the opportunity to diversify and increase their housing stock. The new law establishes a few criteria for these zoning districts, which includes the following parameters:

• Zoning parameters that could potentially accommodate a minimum density of 15 housing units per acre 
• No age restrictions and no restrictions on unit size 
• If a community has a commuter rail station, part of their zoning district must be located within a half mile of the station 

In Newbury, approximately 300 residents gathered at their Annual Town Meeting to vote on several warrant articles, including the proposed MBTA Communities zoning. Categorized as an Adjacent Small Town, Newbury is required to create a zoning district with a minimum potential unit capacity of 154 housing units. The Town brought forth a plan to propose several zoning districts that would reach and exceed the state’s requirements, acknowledging the increasing cost of housing experienced by residents and the need for more affordable, multifamily housing options in town. 

Four zoning districts were proposed – two in the northern part of Newbury near the Newburyport Commuter Rail station, and two located in the Byfield village area near I-95. Several residents spoke out in favor of the proposed zoning districts, commenting on the high costs of housing in Newbury and the need for smaller units. The vote to adopt the new zoning passed with an overwhelming majority, with 234 residents voting in favor and 80 voting against – well above the simple majority required. Newbury will now work with MVPC to complete a compliance application to submit to the state. If accepted by the Executive Office of Housing and Livable Communities (EOHLC), Newbury will be in compliance with the state law well ahead of its December 2025 deadline. 

In Andover, over 600 residents gathered for the second night of their Annual Town Meeting to debate and vote on adopting the Town’s proposed MBTA Communities zoning districts. With two Commuter Rail stations, Andover is categorized as a Commuter Rail Community. Commuter Rail communities have a higher minimum unit capacity requirement due to their direct proximity to transit stations. There is also an additional requirement that at least half of the proposed zoning overlay district be located within a half mile of their Commuter Rail stations. Based on these parameters, the Town was required to create a zoning overlay district that could accommodate a minimum unit capacity of 2,031 units. 

The proposed plan slightly exceeds the state’s unit capacity requirements in an effort to provide a small buffer in the capacity numbers for compliance purposes. The Town proposed three zoning districts – one located around the downtown Andover Commuter Rail station, one located adjacent to the Ballardvale Commuter Rail Station, and an additional district located on River Road. Similar to Newbury, the vote to adopt this zoning passed with a significant majority – 434 residents voted in favor while 196 residents voted against the proposal. Andover now has until December 2024 to submit their compliance application for approval from EOHLC. 

Several other communities across the region will vote on their respective MBTA Communities districts this spring. Georgetown and Rowley have their Annual Town Meetings coming up on Monday, May 6th, North Andover’s Annual Town Meeting will follow the week after on May 14th, with Salisbury wrapping up the Town Meeting season on May 20th. Residents at these Town Meetings will ultimately decide if they want to join communities like Andover and Newbury in aiming for compliance with the MBTA Communities law. 

Since this article was originally published, both North Andover and Salisbury have adopted MBTA Communities districts at their respective Annual Town Meetings. These towns now join other communities across the Merrimack Valley in approving new MBTA Communities zoning allowing multi-family housing by-right.

In North Andover, almost 800 residents appeared at their Annual Town Meeting, engaging in a vigorous debate on whether or not North Andover should adopt the proposed MBTA Communities zoning districts. Ultimately, residents voted to approve the new zoning proposal with a final vote count of 535 in favor and 253 residents opposed.

Categorized as an Adjacent Community, North Andover is required to create zoning that could accommodate a minimum unit capacity of 1,191 units. These districts could be located anywhere in the Town, as long as the total land area reached the minimum requirement of 50 acres. North Andover proposed two zoning districts that would meet both these parameters – the North Andover Mall and Osgood Landing. These districts were ultimately approved by voters at Town Meeting. North Andover will continue working with MVPC to submit a compliance application to EOHLC.

In Salisbury, approximately 125 residents gathered at their Annual Town Meeting to discuss several warrant articles including the Town’s proposed MBTA Communities zoning. After discussion on the merits of the article, voters ultimately chose to approve the new zoning districts by a two-thirds vote in favor.

Similar to North Andover, Salisbury is also classified as an Adjacent Community. The Town was required to zone for a minimum unit capacity of 750 units along with a minimum land area of 50 acres. After working diligently with Town staff, board members, and residents to craft a locally-driven plan, Salisbury proposed two zoning districts to meet both of these parameters – Upper Lafayette Road and Bridge Road.  These two zoning districts were both approved with an overwhelming majority of voters at Salisbury’s Annual Town Meeting. Salisbury will continue working with MVPC to submit a compliance application to EOHLC.

As of this fall, several communities that passed MBTA Communities zoning earlier this year have submitted compliance applications to EOHLC. Salisbury, Newbury, and North Andover are currently awaiting approval for their recently submitted applications. Governor Healey recently announced that Andover was among the first communities in the state to receive approval for their MBTA Communities zoning districts. MVPC conducted the Economic Feasibility Analysis for the affordability requirement within these zoning districts, which will allow 15% of units in future developments to be designated as affordable units. Andover is also now eligible for the newly established MBTA Communities Catalyst Fund, which is a capital grant program providing funding towards support housing creation through infrastructure projects and property acquisition.

Several communities in the Merrimack Valley region are continuing to work towards compliance with the MBTA Communities law by their respective deadlines. Recently, the City of Amesbury also passed compliant MBTA Communities zoning and will work towards submitting their compliance application to EOHLC by the end of the year deadline.