Next Up: Exploiting The MBTA Communities Act
In recent years, developers have increasingly exploited Chapter 40B, using it as a tool to bypass local zoning bylaws and pursue projects that maximize their bottom line. Now, many see the MBTA Communities Act (M.G.L. c. 40A §3A) as a similar opportunity for developers. While the MBTA Communities Act does not override all local zoning regulations, it provides a pathway for developers to circumvent certain restrictions, leading to much denser developments than local communities may desire. This approach allows developers to push projects forward with fewer obstacles, aligning with their financial interests but often at odds with community preferences and established zoning norms.
Massachusetts Governor Maura Healey and her administration claim that the MBTA Communities Act will foster affordable housing. However, the MBTA Communities Act itself does not mandate the creation of any affordable housing. The logic that increasing supply will meet demand and promote affordability is flawed. Extensive research by Patrick Condon, Chair of the Urban Design program at the University of British Columbia, appears to disprove this theory. His findings indicate an increase in rents and prices. Patrick Condon's research, which spans North America, particularly highlights Vancouver's experience. Despite significant increases in density, housing affordability in Vancouver has not improved. Instead, rising land values have made housing increasingly unattainable for average earners. Patrick Condon identifies the root of the problem not as housing prices themselves but as the escalating value of urban land, a phenomenon observed globally. High rents and real estate prices are primarily driven by land acquisition costs, interest rates, construction materials costs, construction labor expenses, and a developer’s profit margin. The MBTA Communities Act does not address the fundamental factors driving high rents and housing prices, and thus is unlikely to significantly affect them. This is similar to how Chapter 40B has not significantly increased the number of affordable housing units over the past 55± years, with 80% of Massachusetts communities failing to meet their 10% Subsidized Housing Inventory (SHI) goal. Additionally, the two laws are at odds with each other.
The MBTA Communities Act is a law that ostensibly mandates 177 out of 351 communities in eastern Massachusetts to implement “as of right” zoning bylaws, enabling the development of 15 dwelling units per acre. This density is higher than what most communities typically permit. The MBTA Communities Act also eliminates requirements for parking, minimum bedroom size, number of bedrooms, and maximum occupancy limits. Additionally, it does not mandate affordability, with a maximum cap of 10% on affordable units if developers choose to include them. Contrary to some misinformation circulating on social media, the MBTA Communities Act does not override all local zoning bylaws or development regulations, and developers cannot act without restrictions. Another misconception being promoted by many is that this act only amends our zoning bylaw to permit future development. However, it is unlikely that developers would ignore existing properties; instead, they might purchase developed properties, demolish the buildings, and construct new, denser buildings with the maximum number of permitted dwelling units. Increased density would likely incentivize developers to pursue projects that would otherwise be uneconomical.
In anticipation of potential zoning amendments that would allow “as of right” 15 dwelling units per acre for multifamily housing, developer Steven Venincasa—known for building Cobblestone Village Apartments, 19 Canal Street Apartments, and for attempting to push the proposed Chapter 40B Rice Pond Village project onto the inadequate Rice Road despite immense public safety concerns—is reportedly approaching property owners in the Business 1 zoning district with offers to purchase their properties. It is evident that his goal is to exploit the MBTA Communities Act to increase his profits and dominate even more of the Millbury’s rental market. If the proposed Chapter 40B Rice Pond Village project were to be approved (the decision is pending before the Millbury Board of Appeals), Steven Venincasa, either individually or through his numerous limited liability corporations, would control 56% of the residential rental properties with eight or more units in the town, constituting a clear monopoly. Steven Venincasa adding more residential properties to his portfolio would further intensify market dominance and monopoly. This raises significant concerns.
In Millbury, Town Planner Conor McCormack and former Town Manager Sean Hendricks have chosen the downtown Business 1 zoning district for potential future development, keeping the plans largely out of public view until recently. This area is home to the town’s Environmental Justice Population, consisting of vulnerable individuals and families with an annual median household income that is 65 percent or less of the statewide annual median household income (AMI). The district also includes many small local businesses that would face significant impacts and potential higher operating expenses. Public hearings for the zoning amendment have begun before the Millbury Planning Board. The next public hearing is scheduled for Monday, August 12, 2024, at 7:00 PM at Millbury Town Hall, located at 127 Elm Street in Millbury, Massachusetts.
Some town officials and residents have already spoken out against enacting the MBTA Communities Act in Millbury. Concerned residents and business owners should plan to attend the next public hearing before the Millbury Planning Board in person.
Registered voters in Millbury have a choice in this matter; we can opt not to comply with the state’s mandate, as other communities have done, such as Foxborough, Freetown, Hanson, Hopkinton, Marblehead, Marshfield, Middleton, Milton, Norwell, Rowley, Seekonk, Tewksbury, Wakefield, Wilmington, and Wrentham. Additionally, some communities, including Ashland, Billerica, Georgetown, Hanover, North Reading, and Shrewsbury, have postponed their zoning votes to await the outcome of lawsuits against the MBTA Communities Act. Decisions are being made and amended, so to keep abreast of the current status, please bookmark and refer to the MBTA Communities Act Dashboard, which contains detailed information, statistics, maps, and more. Holden and Milton are at the forefront of this fight to maintain local control of our zoning bylaws and sovereignty.
A group of Millbury residents has joined a class-action lawsuit against the Commonwealth of Massachusetts, challenging various aspects of the law and its constitutionality. Registered voters in Millbury will have the opportunity to weigh in with a simple-majority vote at the special town meeting on Saturday, November 9, 2024, beginning at 1:00 PM at Millbury Memorial Junior/Senior High School, located at 12 Martin Street in Millbury, Massachusetts. This is not a matter to sit out on the sidelines and hope it all works itself out.