MBTA Communities Overlay District

On October 8, 2024, Amesbury City Council approved Council Bill 2024-098 to adopt an ordinance to amend the Amesbury Zoning Ordinance to create an overlay that meets the requirements of the 2021 Baker administration’s MBTA Communities Act. Amesbury is identified among 177 communities in the state that are subject to the law and joins the other 70+ cities and towns that have rezoned areas of their community for by-right multi-family housing. Communities that do not comply are considered ineligible for several programs such as Community Planning Grants, Land Use Planning Grants, and over a dozen more funding opportunities.

Section 3A of MGL c. 40A requires that a MBTA community have a zoning ordinance that provides for at least one district of reasonable size in which multi-family housing is permitted, provided that such multi-family housing is without age restrictions and is suitable for families with children. The newly zoned district must also meet housing density requirements with a minimum gross density of fifteen units per acre. Additionally, it must also be located not more than a half-mile from a commuter rail station, subway station, ferry terminal or bus station. However, updated guidelines from the Department of Housing and Community Development (DHCD) indicate that Amesbury is an "adjacent" MBTA community, and the new zoning district did not have to be within half-mile proximity of the Newburyport station.

It is important to note this is a zoning mandate, not a housing production mandate. The state requires that Amesbury provide the ability for multi-family housing to be built, not that they build it. 

Amesbury will have three areas within the community that are zoned to comply with the provisions of the MBTA Communities Act: the East End Smart Growth Overlay District, the Gateway Village Smart Growth Overlay District, and the new Rocky Hill Multi-Family Overlay District. The Smart Growth Overlay Districts were previously approved by the Council. The new Rocky Hill Multi-Family Overlay District will allow for up to 433 additional units of “missing middle” housing on about 28 acres of developable land within an area formerly known as the “Golden Triangle”. “Missing middle” refers to a range of housing that falls between single-family homes and mid-rise apartment buildings and includes townhomes, duplexes, and other multi-unit options that can create a diverse housing stock. The ordinance includes a requirement for ten (10) percent of the homes in the district to be designated as affordable homes. In addition to diverse housing, future development would include a connected network of streets, walkable sidewalks, and access to open space.

Design Standards (Rocky Hill)

A key component of the zoning amendment for the Rocky Hill Multi-Family Overlay District is the creation of a Residential Pattern Book, which outlines design standards for street layouts and traffic calming measures, along with specific guidelines for site and building elements like massing, scale, and materials. Central to the neighborhood's design are various recreational and civic amenities, including clubhouses and pool facilities, as well as both active and passive recreational options. These features ensure that the neighborhoods are self-sustaining as well as connected to surrounding communities through the regional Riverwalk Project. These details reflect the many neighborhood and community workshops held over the last few years related to thoughtful development and housing growth in the city.

Design standards for the Rocky Hill Multi-family Overlay District. An artist rendering of an aerial view of the layout with houses and streets showing the density.


What is an MBTA Community?


“MBTA community” is defined by reference to Section 1 of MGL c. 161A:

  • one of the “14 cities and towns” that initially hosted MBTA service; 
  • one of the “51 cities and towns” that also host MBTA service but joined later; 
  • other “served communities” that abut a city or town that hosts MBTA service; or
  • a municipality that has been added to the MBTA under G.L. c. 161A, sec. 6 or in accordance with any special law relative to the area constituting the authority.

In total, 177 MBTA communities are subject to the new requirements of Section 3A of the Zoning Act. While served by the MBTA, Boston is exempted from the Zoning Act, including section 3A.

What is the law?

The requirement is codified as Section 3A of MGL c. 40A:

(a)  An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.

(b)  An MBTA community that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; (iii) the MassWorks infrastructure program established in section 63 of chapter 23A, or (iv) the HousingWorks infrastructure program established in section 27½ of chapter 23B.

(c) The executive office of housing and livable communities, in consultation with the executive office of economic development, the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section.

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