Andover, North Andover, Lawrence, Methuen and Haverhill are all in compliance with MBTA Communities Act — with at least one coming in just under the wire and before this week’s ruling from the state’s Supreme Judicial Court that deemed compliance mandatory and enforceable in court.
With the aim of creating more affordable housing, the state Legislature passed a bill that became a 2021 law mandating municipalities with or near transit stations create zoning that allows for multifamily housing by right, meaning developers will face a simpler approval process. It set a Dec. 31, 2024, deadline for many communities to do so.
The law was met with mixed reactions around the Merrimack Valley, as planners worked to craft MBTA districts that complied with the law.
Once the districts were devised, they required a vote of Town Meeting or City Council before meeting the state’s requirement.
Some planners situated the new districts in areas of existing wmultifamily housing or commercial buildings, which critics said either watered down the impact of the new zoning or could delay any housing production into the future. Municipalities were motivated to forge the new zoning districts by the threat of losing state grants.
Now that the districts have been approved, it is hard to predict when they will result in actual development, according to planners.
“I don’t expect it, but I don’t not expect it,” said North Andover’s Community & Economic Development Andrew Shapiro, who said so far no developers have reached out to the town to make use of its new zoning.
In Andover and North Andover, planners navigated the unpredictability of Town Meeting, a form of government where residents vote on each measure as one legislative body.
Both communities faced opponents of the law who feared new housing would increase the population and put a strain on city resources like schools, roads and public safety. Despite the headwinds, MBTA measures were approved by Town Meeting voters in both communities. The vote in Andover was 434-196 and in North Andover, 535-253.
In North Andover, the vote created zoning for 1,365 housing units across the North Andover Mall area and at Osgood Landing, while Andover spread the capacity for 2,121 multifamily housing units across downtown, Ballardvale and an area off River Road near Old River Road. Both districts were approved in spring 2024.
The capacity for new units doesn’t necessarily mean that many units can be built though, since existing units factor into the total number and other buildings — even if they are not residential — can also be counted.
Methuen passed a new district on Dec. 2 by City Council vote that added capacity for 2,241 housing units across Riverside Drive, Colonial Village and the Pleasant Valley corridor.
Most of these areas either have existing housing or commercial development. Factoring in existing housing, the actual number of potential new units created by the zoning would be 1,322.
Lawrence is in a similar boat having approved a district around the Merrimack Street area, between Union Street and Interstate 495. While the state has mandated the city zone for 4,501 multifamily units, Lawrence City Council President Jeovanny Rodriguez said he was not sure any more housing would actually come from the district.
Rodriguez explained the location is significantly developed, including a sports field. He added the city sought to do little but comply with the letter of law and development in the area would be “unpredictable.”
In the past, planners have discussed the potential of a more thoughtful and impactful district that could replace the recently approved zone once compliance is met.
Haverhill was the first community to have a compliant district since existing zoning already met the requirements of the law. According to a letter from the state, the city’s existing housing plans already create capacity for 10,000 units within a half-mile of the city’s MBTA stations, including the North Station and the Bradford shuttle.
Future developments within Haverhill’s Downtown Smart Growth and Merrimack Street Gateway Renaissance Overlay Districts have been designed to expand residential, retail and educational spaces in the downtown area.
MBTA zoning is not the only state housing mandate cities and towns in Massachusetts will need to adjust to though. Homeowners will soon have greater authority to construct new homes on their property thanks to the Affordable Housing Act — which goes into effect on Feb. 2.
All communities will soon have to allow accessory dwelling units (ADUs) by right. However, communities will have the ability to put reasonable requirements on ADUs, such as dictating they not be used as Airbnbs or short-term rentals.
There is still also a potential for some of the communities in the Merrimack Valley to lose compliance status. North Andover, Andover and Haverhill have been deemed in full compliance with the law, meaning zoning districts in each community have been reviewed by the state, but Methuen and Lawrence’s districts are still under review as of Jan. 2 and are technically in only interim compliance.
The town of Milton resisted the law and was sued by the state, a case which was settled last week with a decision that while upholding the law — asked the state to rewrite the specifics of the regulation.
Jonah Frangiosa contributed to this report.