Zoning Advisory Group
MBTA Communities Rezoning Project
Legislative Context & Origins
A 2021 Economic Development Bill passed by the Massachusetts legislature included within it a provision for changes to the Massachusetts Zoning Act (MGL Chapter 40A). In particular, a new Section 3A was added which mandates so-called “MBTA Communities” to adopt local “as-of-right” zoning for multifamily housing, particularly in close proximity to MBTA Stations. This legislation further provides that the Department of Housing and Community Development (DHCD), now renamed to the Executive Office of Housing and Livable Communities (EOHLC), shall promulgate guidelines to determine if an MBTA community is in compliance with this new section. Compliance Guidelines subsequently promulgated by EOHLC, and most recently revised to August 2023, provide further clarification and specificity as to what parameters would qualify a local zoning district for “reasonable size,” overall projected housing “unit capacity” and other minimum requirements.
What the “MBTA Communities” mandate means for Newburyport
The City’s existing 40R Smart Growth District surrounding the MBTA Commuter Rail Station will, with minimal adjustments, satisfy a substantial portion of the requirement that Newburyport adopt zoning in order to accommodate 1,292 housing units in eligible locations. Since the existing 40R Smart Growth District is anticipated to provide Newburyport with a “credit” of 700 units, the remaining “unit capacity” required of Newburyport outside this area is reduced to 592 housing units. At this time, City officials are examining various options for zoning district mapping and overall compliance with the “MBTA Communities” guidelines. Generally speaking the City is considering whether to satisfy the MBTA multifamily housing requirements through an expansion of the existing 40R District, a new District in the vicinity of Storey Ave and Low Street, or some combination of these two.
Two Independent Rezoning Efforts, Running in Parallel
Please note that any plan to satisfy the “MBTA Communities” mandate is separate and distinct from a parallel effort referred to at this time as “Storey Ave. Mixed Use Village Center Rezoning.” While the City may utilize commercial areas of Storey Ave and Low Street (near I-95) to satisfy the total multifamily unit capacity requirement under “MBTA Communities,” there are other reasons for rezoning the subject Storey Ave and Low Street area to encourage more housing and mixed use in lieu of expansive underutilized and inhospitable parking lots. Irrespective of “MBTA Communities,” a greater variety of commercial, mixed use and multifamily housing in the Storey Ave and Low Street area may help to transform the area over many decades into a more walkable neighborhood that is more representative of Newburyport’s tradition of care for scale and character of the urban landscape. Similar to the MBTA Communities mandate, such changes to streamline local zoning for mixed use and multifamily housing would provide a greater variety of housing choices for Newburyport residents.
Additional information related to the Storey Ave. Mixed Use Village Center Rezoning will be posted shortly (and largely separately), following general consensus as to which portions (if any) of the subject commercial area will be included within Newburyport’s “MBTA Communities” compliance package submitted to the Commonwealth.
Most notably, and well in advance of the “MBTA Communities” mandate, the 2017 Newburyport Master Plan called for a transformation of the Storey Avenue area into a Gateway to the City. A Planning Assistance Grant from the Commonwealth is currently providing consultant resources towards “reviewing and revising the Zoning Ordinance to allow for the transformation of the Storey Avenue corridor into a walkable, bike-able, mixed-use neighborhood with the incorporation of the Commonwealth’s “Complete Streets” initiative.”
Public Meetings, Working Group Sessions & Overall Timeline
Posted below is both a summary and detailed schedule for public meetings related to the “MBTA Communities” rezoning effort in Newburyport. Public comment is anticipated at both City Council and Planning Board meetings. However, working sessions of a so-called Zoning Advisory Group (ZAG), while publicly accessible (see public meetings calendar), will offer no public comment period so that members can focus the entirety of these meetings on the work at hand. Parallel discussions taking place at City Council and Planning Board meetings will facilitate input from both key bodies, and the general public, as draft documents and/or recommendations are advanced by the ZAG.
Related Documents
The following materials are related to Newburyport’s analysis and consideration regarding options to comply with the “MBTA Communities” mandate. Some materials require a further understanding of the program, how housing unit capacity is calculated, or otherwise. As such, it may be difficult for laypersons to interpret various maps, data sets or unit capacity projections. However, in the interest of transparency, various working documents such as these will be posted to this webpage, thereby offering interested parties a chance to follow the discussion, and weigh in with preferences (if any) during related public meetings.