Final MBTA Zoning Proposal Ready for November Town Meeting

In a public hearing Monday, the Manchester Planning Board finalized its “MBTA 3A zoning” language—the state-mandated guideline to increase multi-family housing density in 177 towns near public rail transit. Manchester residents will consider the proposal at a Nov. 18 Special Town Meeting.
The hearing drew a packed audience, in person and online.  Many attendees voiced concerns that the new zoning, including four new “overlay districts” carefully designed to meet state requirements while limiting new development, would alter Manchester’s character.
The finalized proposal, developed by the MBTA Zoning Task Force, was crafted with consultant Emily Innis, who helped develop state compliance software for the MBTA zoning.

An Exercise in Math
The work has been a complex “exercise in math,” said PB Chair Sara Creighton, stitching together four overlay districts with the precision of a jigsaw puzzle to deliver zoning that theoretically allows 559 “by right” housing units over 37 acres.  Creighton said the districts were crafted from parcels that were the “least likely to be developed,” while avoiding Manchester’s Historic District and most of the Commercial District. Combined, she said, they meet the requirements.
Manchester’s proposed MBTA overlay districts mandate that 20% of new units be affordable housing (80% area median income), with an average density of 15.2 units per acre, meeting the state’s 15-unit minimum.  Most of the district area falls within a half-mile radius of the MBTA station, as required.
The four districts are:

Stephanie Rogers said she was concerned that residential development in the Limited Commercial District would trigger overwhelming traffic on Beaver Dam Road, especially if Cell Signaling Technologies secures its permit next month to build a biotech campus for 500 employees.  Creighton said the specific parcel comprising the spot MBTA zoning in the LCD was targeted because it’s an existing industrial business that is highly unlikely to be developed.  That’s why it was selected, she said.

Layers of Control
The districts were carefully created with “layers of control” that, when taken together, are designed to discourage large-scale developers from overbuilding on a site.  In three of the districts, the number of allowed multifamily units is capped to four or five units per parcel.
Further, if a homeowner or small developer wanted to pursue a project in the overlay district, they’d be met with many deterrents to “go big.”  There’s the limit on how many units per structure.  More than three units requires a second structure under Manchester’s MBTA guidelines, and that’s expensive.
There are few parcels in the three downtown districts that are large or open, and that’s also by design.  The few that are must be split into smaller lots that comply with Manchester existing zoning bylaw and developed into separate, smaller structures.  That’s expensive, and it allows for design that better conforms to the housing profile of downtown.  Also, any project in the MBTA overlay districts are subject to site plan review, including abutter notice and oversight by the town’s building inspector with appropriate penalties for those who violate the guidelines.
This issue came up when one Pine Street resident who was very worried that two contiguous parcels that abut her home qualified for development into a “24-unit building.” (That’s absolutely not the case,” said Creighton.)
Manchester’s MBTA zoning guidelines also call for the creation of a Design Review Committee comprised of two design professionals (like architects or a contractor) and one Planning Board member who will be responsible for taking a first pass at any proposed building design before it goes to the Planning Board.
In the end, it’s Manchester’s existing comprehensive zoning bylaw that offered the biggest clarity on what will happen if these new overlay districts are passed next month.  Marc Resnick and Manchester Town Counsel Jonathan Murray said all underlying zoning—including districts, regulations, review and board approval processes, penalties—are in force, even if a project falls within the MBTA district. Further, special protection districts like the Water Resources Protection District would also remain in force.
“You have to comply with the zoning requirements of the underlying district,” said Resnick.
Sandy Rogers asked if private condominium agreements could be dislodged or overturned by the new zoning. No, she was told.  The underlying rules governing usage and permits, including private condominium associations, would stand.

The Consequences of “No”
There are real consequences to towns that vote down the MBTA Zoning, including both the ineligibility to apply for state grants and facing legal action from the Mass. Attorney General for noncompliance.  In fact, the state has sued the town of Milton, which voted down MBTA Zoning earlier this year and that case was heard earlier this month by the Massachusetts Supreme Judicial Court.
But this case isn’t about whether Milton has autonomy, can assert “home rule,” or can claim protection from state regulations. Instead, it’s simply about whether the state may enforce its mandate by using two separate weapons—the pulling of grants and legal jeopardy.
Many of the 177 municipalities have already complied with the mandate, rationalizing that by “doing it our way, we avoid doing it the state’s way.” Some have even welcomed a mandate to increase housing stocks that are smaller in size (apartments) and therefore naturally more affordable.
Others say grants aren’t a big motivator and are willing to risk legal action from the state.
Manchester, however, is a grant dependent town that uses state funding to keep taxes down.  In the last 10 years, Manchester has received $8.265 million in state grants.  Many are small, under $30,000 for things like open space planning and a “yield study” of Gravelly Pond.  Others funded large infrastructure projects like harbor dredging ($705,000), reconstruction of Morss Pier ($327,000), or extending water and sewer infrastructure to Mill Street and the LCD ($3.5 million).  Bigger grant-funded projects are on the horizon, including $2 million for harbor dredging and $2.5 million for the reconstruction of the Tuck’s Point Rotunda.  And this is all before the community tackles PFAS mitigation, which will require grants as well.
The last public hearing on the proposed MBTA 3AZoning is scheduled for 7 p.m. on November 7.  It will be the last public hearing before the Special Town Meeting on November 18.