Natick, Wellesley work to comply with MBTA zoning law. Where they hope to build new homes

With Town Meeting kicking off in several communities this month, some local officials are seeking ways to accommodate a new state law that requires allowing for higher-density housing in certain neighborhoods.

The impetus for this strategy is the state’s Multi-Family Zoning Requirements for MBTA Communities regulations, which were signed into law by former Gov. Charlie Baker in 2022. The law requires Massachusetts communities that either have direct access to, or border a town that has access to, an MBTA rail stop to permit a higher level of density by right in neighborhoods that are within a half-mile radius of the rail stops.

Communities have until the end of 2024 to reach compliance (adjacent small towns have an extra year). Should they fail to do so, they will become ineligible for vital state grants, including those from MassWorks, the Housing Choice Initiative and access to the Local Capital Project Fund.

'Law is crystal clear': Milton voters reject MBTA Communities zoning plan OK'd at Town Meeting

Compliance with the law has been a challenge in some communities, most notably in Milton, which recently rejected zoning changes during a townwide ballot question.

Wellesley has three MBTA Commuter Rail stops — Wellesley Square, Wellesley Hills and Wellesley Farms. The town is tasked with increasing density in the community to support as much as 1,392 more units within a half-mile radius of those stops.

Wellesley proposes to remove special permit requirement to achieve compliance

The town will be tasked with approving zoning changes that would allow for higher-density zoning in several neighborhoods, which is set to be voted on as Article 40 at Wellesley’s annual Town Meeting, starting March 25. Planning Director Eric Arbeene said the proposed article would change the zoning by removing a special permit requirement for existing zoning regulations near MBTA stops.

“What we currently have is permitting for higher-density projects, up to 17 units per acre, that requires what is called a Project of Significant Impact, or PSI, review,” he said. “If we remove the PSI review from the process, and allow proposed projects to be built by right and not require a special permit, they will be in compliance with the MBTA zoning regulations.”

'By right': MBTA communities must have zone where multifamily housing can be built

Wellesley was also able to get a different project, The Nines, a multi-unit complex that has been built in the Wellesley Office Park on Williams Street, approved as part of MBTA zoning regulations. While the complex is not within a half-mile of any Wellesley MBTA stop, it is within a half-mile of the Waban stop on the Green Line in Newton.

“We have the Wellesley Office Park, and that has the availability," Arbeene said. "We are able to count that, there have been 350 units constructed and up to 850 units can be built there, and we are able to count those units.”

The proposals in Article 40 would not have any impact on single-family zoned districts in Wellesley; instead, they would impact only districts that are currently zoned as commercial, business and industrial.

“We have to have the changes be within a half-mile of the stations, and we looked at the area of what we had, and that made sense to us," Arbeene said. "Since we already allowed up to 17 units per acre, it’s just removing the special permitting process.”

Natick is 'halfway there' but seeking additional changes

Natick, which has two MBTA Commuter Rail stations, completed some of the work to comply with MBTA zoning regulations last spring during Town Meeting, when the body elected to adopt zoning changes concerning downtown mixed-use zoning changes and to create the Center Gateway district along North Main Street.

"The Town did adopt Center Gateway Zoning last year," Town Administrator Jamie Errickson said. "This applies, currently, to the parcels by the Route 135 and Union Street intersection — development has actually started if you drive by there today. But more needs to be done in order to comply with MBTA requirements. We will need to demonstrate zoning that can allow for up to approximately 2,352 units, mainly within the half-mile radius of one of the two stations."

The Natick Community and Economic Development Department plans on nominating additional zoning changes during Town Meeting this fall, which would increase residential density along Route 135, near the West Natick MBTA station.

"We are engaged with a consultant to complete planning and zoning work along 135 in the West Natick Station area, looking at approaches to land use and zoning that will support compliance with MBTA zoning, among other community initiatives," Errickson said. "The most recent community meeting for that effort was held in December, with more to be scheduled."

Natick and Wellesley have each benefited from state grant programs that they would lose access to if MBTA zoning regulations are not met by year's end. Arbeene said the Local Capital Project Fund is how Wellesley mainly funds its local housing authority.

“Access to those funds — particularly the Local Capital Project Fund — is critically important for Wellesley," he said. "The Local Capital Project Fund is what really funds our housing authority."

Errickson said Natick has recently received a $50,000 MassWorks grant to support planning work that was taking place in the Golden Triangle commercial area.

"We also utilized MassWorks to build the new entrance off Route 27 to the NSSC (Natick Labs) site — that project was completed about nine years ago and I don't recall the exact award amount," Errickson said. "We do not currently have a MassWorks grant application pending, but Natick is a community that consistently looks for grant funding to support our operations and capital investments."

This article originally appeared on MetroWest Daily News: Natick, Wellesley prepare to comply with MBTA multifamily zoning law