The Text Of The MBTA Communities Act Zoning Amendment
Contained herein is the text of the MBTA Communities Act zoning amendments proposed by the Millbury Planning Board and the Millbury Board of Selectmen, as obtained from the Town of Millbury’s website. The text is identical except for the specific parcels of land included in each option, with some parcels overlapping between the two. Confusing? That’s why we’re sharing this information ahead of the public hearings and Town Meeting—so registered voters have time to review and understand what is being presented for the townspeople to decide. The zoning amendment text remains unchanged from November 9, 2024, aside from minor typo corrections and the parcels of land.
There are several critical factors not included in these warrant articles that residents should be aware of regarding the MBTA Communities Act. This mandate weakens or eliminates several key state health and safety standards, including:
Removal of Minimum Bedroom Size Requirements – The Act overrides state building codes that establish minimum bedroom sizes, potentially leading to smaller and less livable housing units.
Elimination of Limits on the Number of Bedrooms per Unit – There are no restrictions on how many bedrooms can be included in a single dwelling unit, which could lead to overcrowded living conditions.
Elimination of Occupancy Limits – The Act removes restrictions on the number of residents who can live in a single unit or building, increasing the potential for overcrowding and strain on local infrastructure.
Reduction of Parking Requirements – Both on-site and off-site parking minimums can be significantly reduced, which may result in increased street congestion and insufficient parking availability for residents and visitors.
These changes raise serious concerns about public health, safety, and quality of life in our community. There is a reason why we no longer see traditional rooming houses—historically, these high-density living arrangements led to unsafe, overcrowded conditions, fire hazards, and health concerns. Over time, stricter zoning and housing regulations were put in place to protect residents from these dangers. By eliminating basic safeguards such as occupancy limits and bedroom size requirements, the MBTA Communities Act could reintroduce many of the same public health and safety risks that communities worked hard to eliminate in the past. Whether developers take advantage of this loophole remains to be seen. Careful review and understanding of the proposed zoning amendments are crucial. Clarifications are essential on the record.
These factors highlight the true intent of the MBTA Communities Act—prioritizing high-density development over community well-being, infrastructure sustainability, and local control. Residents must fully understand the potential consequences before making their decision at Town Meeting.
The MBTA Communities Act has been classified as an "unfunded mandate," meaning that local communities will be responsible for covering all costs associated with the impacts of these developments—including increased demand on services, some, but not all infrastructure, education, and public safety—without financial support from the state in most cases. Think your taxes are too high now, just wait, if voters approve one of these town warrant articles.
Town Warrant Articles
To see if the town will vote to amend the Millbury Zoning Bylaw and Millbury Zoning Map as follows, or take any action thereon:
By amending the Millbury Zoning Map to add a Multi-Family Overlay District, including the parcels listed below, as shown on the map entitled “Proposed Multi-Family Overlay Zoning District”, dated [DATE], prepared by Barrett Planning Group, on file with the town’s Department of Planning & Development: (please refer to list of parcels below for the two town warrant articles).
By amending the Millbury Zoning Bylaws, Article 2. DISTRICT REGULATIONS, by adding a new “Section 30. Multi-Family Housing Overlay District” to contain the following text:
Section 30. Multi-family Overlay District
30.1 Purposes
The purpose of the Multi-family Overlay District (MFOD) is to provide for multi-family housing development in accordance with G.L. c. 40A, § 3A and the Section 3A Compliance Guidelines of the Executive Office of Housing and Livable Communities (EOHLC), as may be amended from time to time. In addition, Section 30 is intended to achieve the following purposes:
Encourage the production of a variety of housing sizes and types to provide access to new housing for people with a variety of needs, ages, household types, and income levels;
To increase the supply of housing in Millbury that is permanently available to and affordable by low- and moderate-income households; and
Increase the tax base through private investment in new housing development.
30.2 Applicability
At the option of the Applicant, development of land within the MFOD may be undertaken subject to the requirements of this Section 30 or by complying with all applicable requirements of the underlying district. Developments proceeding under this Section 30 shall be governed solely by the provisions herein and the standards or procedures of the underlying districts shall not apply. Where the MFOD authorizes uses not otherwise allowed in the underlying district, the provisions of the MFOD shall control. Where the MFOD authorizes uses and dimensional controls not otherwise allowed in applicable overlay districts, the provisions of the MFOD shall control. Uses and dimensional controls of the MFOD are not subject to any special permit requirements of the underlying district or applicable overlay districts.
30.3 Permitted Uses
Multi-family housing. For purposes of this Section 30, “multi-family housing” shall mean a building with three or more dwelling units or two or more residential buildings on a lot, each with two or more dwelling units.
Accessory home occupation
Other accessory residential uses
30.4 Dimensional Regulations
In the Multi-family Overlay District, no lot shall be built upon or changed in size or shape except in conformity with the following:
Minimum Lot Area: 10,000 sq. ft.
Minimum Lot Frontage: 60 feet
Maximum Lot Coverage: 30 percent
Maximum Building Height: 3 stories and 40 feet
Minimum Open Space: 20 percent
Minimum Yards
Front: 25 feet
Side: 10 feet
Rear: 10 feet
Minimum separation between two or more buildings on the same lot: 25 feet
Maximum Density: 15 dwelling units per acre
30.5. Minimum Off-Street Parking Requirements
Development in the MFOD shall provide the following minimum off-street parking:
(a) Vehicular Parking:
One (1) space per studio or one-bedroom unit
Two (2) spaces per unit for units with two or more bedrooms
(b) Bicycle Parking: For multi-family developments with 10 or more units, there shall be a minimum of one covered bicycle storage space per two dwelling units unless waived by the Planning Board.
30.6 Inclusionary Housing
Residential development in the MFOD shall provide affordable dwelling units in accordance with this Section 30.6.
(a) In any multi-family development under Section 30 resulting in a net increase of ten or more dwelling units on any parcel or contiguous parcels comprising a proposed development site, at least 10 percent of the dwelling units shall be affordable housing, as defined by the Executive Office of Housing and Livable Communities (EOHLC) or its successors. Fractions shall be rounded down to the next whole number.
(b) Developments shall not be segmented to avoid compliance with this Section 30.6. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of ten or more lots or dwelling units above the number existing thirty-six months earlier on any parcel or set of contiguous parcels held in common ownership on or after the effective date of this Section 30.
(c) All the affordable units required in a proposed development shall be located within the development site (“on-site units”).
(d) All affordable units created under this Section 30 shall be subject to an affordable housing restriction approved by the Planning Board, Town Counsel, and EOHLC. The restriction shall run with the land in perpetuity and shall be recorded with the Worcester County Registry of Deeds or Registry District of the Land Court. All affordable units shall meet the criteria for inclusion in EOHLC’s Subsidized Housing Inventory for the Town of Millbury.
(e) Comparability. All on-site affordable housing units shall be dispersed throughout the development site and shall be indistinguishable from market-rate units. The number of bedrooms in affordable units shall be comparable to the bedroom mix in market-rate units in the development.
(f) The selection of qualified purchasers or qualified renters shall be carried out under an Affirmative Fair Housing Marketing Plan (AFHMP) submitted by the applicant and approved by the Planning Board. The AFHMP shall comply with the Executive Office of Housing and Livable Communities (EOHLC) Local Initiative Program (LIP) guidelines in effect on the date of the MFOD Plan Approval application to the Planning Board.
30.7 MFOD Plan Approval Process
30.71 General
(a) Development in the MFOD shall be subject to MFOD Plan Approval by the Planning Board and shall not be subject to Site Plan Review under Section 12.4 except where noted herein.
(b) No building permit can be issued for the proposed development unless an application for MFOD Plan Approval has been prepared in accordance with the requirements of this Section 30 and unless the application has been approved by the Planning Board.
(c) Submission requirements for MFOD Plan Approval shall be in accordance Section 12.44(a) of this Bylaw and any appliable Planning Board’s Rules and Regulations.
(d) Development in the MFOD shall adhere to the greatest degree practical to the Design Standards in Section 12.45.
30.72. Application Procedures
(a) The Applicant is encouraged but not required to meet with the Director of Planning and Development prior to applying for MFOD Plan Approval.
(b) A complete application shall be filed with the Town Clerk. To be deemed complete, the filing shall include all required forms and submission requirements, including fees, in the Planning Board’s Rules and Regulations. A copy of the Application, including the date and time of filing and the required number of copies of the Application, shall be filed forthwith by the Applicant with the Planning Board.
(c) Within seven days of receipt of the application by the Planning Board, the Director of Planning and Development shall distribute copies of the application to the Building Commissioner, Fire Chief, Police Chief, Health Department, Conservation Commission, and Department of Public Works. Any comments from the reviewing parties shall be submitted to the Board within 35 days of filing of the Application. The Planning Board or its designee shall forward to the Applicant copies of all comments and recommendations received to date from other boards, commissions, or departments.
(d) Public Hearing. Within 45 days of receipt of the MFOD Plan Approval Application, the Planning Board shall hold a public hearing and review the Application in accordance with G.L. c. 40A, § 11.
(e) No later than 90 days from the date the Application was received by the Town Clerk, the Board shall approve the plan where it finds that the proposed development addresses the purposes and meets the purposes and requirements of this Section 30, considering:
The proposed placement of buildings;
Surface and ground water drainage and erosion control;
Protection against flooding and inundation;
Prevention of water and pollution and environmental damage;
Provision for adequate utility services;
Provisions of off-street parking and loading;
Location of intersections of driveways and streets;
The effect of additional traffic created by the development on intersections and streets likely to be affected by the proposed development;
Provision for pedestrian/bicycle accessways connecting to adjacent open space, neighborhoods, schools, recreation areas or transportation facilities and for alternative transit programs;
Provisions for landscaping and adequate screening and buffering and
The submission of a complete MFOD Plan Approval Application.
(f) The Board may impose reasonable conditions to ensure compliance with the requirements of this Section 30 and other applicable sections of the Zoning Bylaw or to mitigate any extraordinary adverse impacts of the Development on nearby properties, provided that the Board’s conditions do not unduly restrict opportunities for housing development by adding unreasonable costs or by unreasonably impairing the economic feasibility of a proposed development. The Board shall file its written decision with the Town Clerk within 14 days of the Board’s action on the plan. The decision shall be by majority vote. The time limit for public hearings and taking of action by the Board may be extended by written agreement between the Applicant and the Planning Board. A copy of the agreement shall be filed with the Town Clerk.
(g) A copy of the decision shall be mailed to the owner and to the Applicant, if other than the owner. A notice of the decision shall be sent to the parties in interest and to persons who requested a notice at the public hearing.
(h) MFOD Development Plan Approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within three years after the Board issues the decision, excluding time required to adjudicate any appeal from the Board’s decision. The time for commencing construction shall also be extended if the Applicant is actively pursuing other required permits for the project, or if there is good cause for the Applicant’s failure to commence construction, or as may be provided in an approval for a multi-phase development under this Section 30.
30.73. Modification of Approved Plans
(a) Minor Change
After MFOD Plan Approval, an Applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout of the site, or provision of open space, number of housing units, or affordable housing. A change of 5 percent or less in the number of housing units in a development shall constitute a minor change.
Minor changes must be submitted to the Planning Board in accordance with the Planning Board’s Rules and Regulations and shall include redlined prints of the Approved Plan. The Planning Board may authorize the proposed changes at any regularly scheduled meeting without the need to hold a public hearing.
Within 30 days of receipt of the Applicant’s request, the Planning Board shall issue a written decision to approve or deny the minor changes and provide a copy to the Applicant for filing with the Town Clerk.
(b) Major Change. Changes deemed by the Planning Board to constitute a major change in an approved development because of the nature of the change or because the change cannot be appropriately characterized as a minor change under Subsection 30.73(a) above shall be processed by the Planning Board as a new Application for MFOD Plan Approval under Section 30.7.
Options 1 + 2
The Town of Millbury is presenting two warrant articles to comply with the MBTA Communities Act mandate—one proposed by the Millbury Planning Board and the other by the Millbury Board of Selectmen. This is not an either-or decision; the majority of registered voters at Town Meeting have the option to reject both articles, just as they did with the MBTA Communities Act zoning amendments on November 9, 2024. Members of both boards have publicly stated that they do not support the MBTA Communities Act and do not believe it will pass at Town Meeting. However, they believe the decision should be made by registered voters, not by them—just as it was the last time. The community hopes that if Planning Board members truly stand by their stated position, they will vote for a negative recommendation during the public hearing. This would not impact whether the warrant articles appear on the Town Warrant or prevent registered voters from making a decision at Town Meeting.
Both warrant articles involve parcels of land that would be affected if approved at Town Meeting. While both include areas along Route 146 southbound, they differ in the additional parcels they cover. Typically, warrant articles do not list easily recognizable addresses but instead use map and parcel numbers, which are not meaningful to most residents, therefore, we have included the site addresses as included in the town’s assessors’s records.
Option 1: Planning Board
Millbury Planning Board Town Warrant Article Option 1 contains two areas, with frontage on Route 146 southbound and the 50 Howe Avenue parcel of land.
| Property Address | Map Parcel ID | Acres | Sq Ft |
|---|---|---|---|
| Worcester Providence Tkpe | 71_18 | 12.1159 | 527,769.72 |
| 124 Worcester Providence Tkpe | 71_19 | 2.2642 | 98,628.36 |
| 134 Worcester Providence Tkpe | 71_20 | 1.1411 | 49,708.43 |
| 138 Worcester Providence Tkpe | 71_21 | 1.7721 | 77,192.91 |
| 140 Worcester Providence Tkpe | 71_21_A | 1.9211 | 83,684.54 |
| 128 Worcester Providence Tkpe | 71_57 | 22.3078 | 971,725.73 |
| 122 Worcester Providence Tkpe | 71_60 | 1.9701 | 85,817.15 |
| 120 Worcester Providence Tkpe | 71_68 | 1.3021 | 56,719.92 |
| 142 Worcester Providence Tkpe | 80_24 | 1.8060 | 78,667.57 |
| 50 Howe Ave | 45_194 | 19.2637 | 839,125.10 |
Option 2: Board of Selectmen
Millbury Board of Selectmen Town Warrant Article Option 3 contains three areas, with frontage on Route 146 southbound, three lots with frontage on Grafton Road (Route 122), and three lots with frontage on Westborough Street.
| Property Address | Map Parcel ID | Acres | Sq Ft |
|---|---|---|---|
| Worcester Providence Tkpe | 71_18 | 12.1159 | 527,769.72 |
| 124 Worcester Providence Tkpe | 71_19 | 2.2642 | 98,628.36 |
| 134 Worcester Providence Tkpe | 71_20 | 1.1411 | 49,708.43 |
| 138 Worcester Providence Tkpe | 71_21 | 1.7721 | 77,192.91 |
| 140 Worcester Providence Tkpe | 71_21_A | 1.9211 | 83,684.54 |
| 128 Worcester Providence Tkpe | 71_57 | 22.3078 | 971,725.73 |
| 122 Worcester Providence Tkpe | 71_60 | 1.9701 | 85,817.15 |
| 120 Worcester Providence Tkpe | 71_68 | 1.3021 | 56,719.92 |
| 142 Worcester Providence Tkpe | 80_24 | 1.8060 | 78,667.57 |
| Creeper Hill Rd | 3_1 | 2.9592 | 128,904.40 |
| 130 Westborough St | 3_2 | 7.1423 | 311,120.04 |
| Westborough St | 3_4 | 1.9639 | 85,545.99 |
| 1535 Grafton Rd | 7_15 | 6.6867 | 291,272.27 |
| 1529 Grafton Rd | 7_16 | 0.2334 | 10,165.75 |
| 1537 Grafton Rd | 7_17 | 5.6824 | 247,524.06 |
Note: The acres and square footage of the lots was derived from MassGIS and the map, parcel, and property addresses were obtained from the town’s assessor’s database records (FY24) as submitted to the Commonwealth of Massachusetts.
Make Your Voice Heard!
Millbury officials need to respect the will of the people, and it's time to take action.
Attend and Speak up at the public hearing when scheduled.
Vote for change in the April town elections.
Reject these zoning amendments at the annual town meeting on Tuesday, May 6, 2025.
Accountability matters—stand up for Millbury!