April 27, 2022 By Carol Britton Meyer
Under the draft guidelines for a new multi-family zoning requirement for "MBTA communities" with commuter rail, ferry, bus, or subway service provided by the transit authority, Hingham would be expected to accommodate up to 1,986 units of this type of housing "as of right" within at least one zoning district designated for that specific purpose.
This legislation was enacted as part of the Jan. 2021 economic development bill signed into law by Gov. Charlie Baker as another means by which to address the state's growing housing crisis.
While Hingham and other affected communities wouldn't be required to actually build that many units, they are required to have that potential.
Communities that are not granted waivers, or are otherwise unable to comply, will risk losing certain state grants, including future Housing Choice Capital Grants (under which the town received $140,000 in 2020); Rapid Recovery Planning Grants for technical assistance (Hingham received $60,000 under this grant in 2021): and also Mass Works infrastructure grants, which the town has not been awarded during the past five years but might be eligible for in the future, in the $1 million range.
Community Planning Director Emily Wentworth briefed the Select Board about the new requirements during a remote meeting Tuesday night, after which the board approved the submission of a community information form to the state Department of Housing & Urban Development that would allow the town to remain in interim compliance until the guidelines are finalized. (See details below.)
Select Board member William Ramsey said that in the future, the town will likely need to balance the impacts on the town of creating such a zoning district(s) with potential grant funding that could be at risk.
Wentworth noted that the town is currently designated as a "bus community" versus a "commuter rail community," which she believes is the appropriate designation, and that town officials hope to get that designation changed.
As a "bus community," Hingham would be required to be able to accommodate 1,986 multi-family units versus 1,490 under a "community rail" designation.
The statute requires that communities served by the MBTA have at least one zoning district "of reasonable size" in which multi-family housing is permitted "as of right" and meets other criteria set forth in the law.
These include a minimum gross density of 15 units per acre, with an overall minimum 50-acre size requirement; that the housing be situated not more than one-half mile from a commuter rail, subway, or bus station or ferry terminal; that there be no age restrictions on the housing; and that it be suitable for families with children.
Site plan review is one of the processes that's allowed under this new requirement, but local oversight is otherwise minimal should a development plan be presented for the multi-family district.
In the Community Information Form to Secretary Michael Kennealy of the state Executive Office of Housing and Economic Development, Town Administrator Tom Mayo shared comments and concerns on behalf of the town for consideration in developing the final guidelines.
He noted that the draft guidelines state that "MBTA communities should adopt multi-family housing projects 'of a scale, density, and character that are consistent with a community's long-term planning goals.'"
Mayo points out in the letter that the Town of Hingham has already undertaken a number of comprehensive planning efforts to encourage multi-family development "in appropriate locations and in a manner consistent with community character."
These include completion of a Master Plan for redevelopment of a former naval ammunition depot, which resulted in the rezoning of about 100 acres of land [off Beal Street], "which is generally located within one-half mile of public transportation, for multi-family and affordable housing." This district was built-out in a manner "consistent with the character of the community with 520 multi-family units," Mayo states in the letter.
In addition, adoption of mixed-use zoning within an industrial district resulted in the redevelopment of the Hingham Shipyard, which surrounds a ferry terminal and includes 488 multi-family units -- within a one-mile radius of the West Hingham commuter rail station.
Mayo also noted that two additional projects, approved through comprehensive permits, resulted in construction of another 410 units within a half-mile of the ferry terminal and one mile of the West Hingham commuter rail station.
Although not "as of right" zoning, Mayo explained, "the town has permitted more than 1,400 multi-family units without age restrictions within one-half mile of the ferry terminal and within approximately one mile of the West Hingham commuter rail station.
Mayo also referred to the statement in the draft guidelines that there is no requirement of MBTA communities to actually built multi-family units, stating, "If that is the case, then this seems like a futile exercise. Assuming that the real goal is, or should be, to encourage housing close to transit, then communities, like Hingham, that have in their current housing stock a significant amount of multi-family housing (without age restrictions) in close proximity to transit should be credited for such production regardless of whether it was constructed as of right or allowed by permit."
Other concerns stated in the letter relate to minimum unit capacity and district size, and other community impacts related to infrastructure challenges associated with wastewater disposal; that the Weir River Water System is subject to withdrawal limits imposed by the Massachusetts Department of Environmental Protection; strains on other public resources, including public safety, the schools, and roadways; and the burden that meeting these guidelines and other associated considerations would place on town staff.
Wentworth outlined the timeline: submission of the Community Information Form by May 2; developing an action plan for zoning amendments or requesting a compliance determination by DHCD by next December; initiating zoning amendments and holding public hearings leading up to Town Meeting action either as a bus or community rail community -- depending on Hingham's ultimate designation -- by Dec. 2023 as a bus community and Dec 2024 as a commuter rail community.
Dec. 31, 2024, is the deadline for the adoption by MBTA communities of any required zoning amendments to bring them into compliance with the new law.
Select Board Chair Joseph Fisher said he will follow up with Senator Patrick O'Connor and Rep. Joan Meschino to see where they stand on this issue "to be sure it's on their agenda."