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.