Residents voice concerns about MBTA zoning mandates

Many of the 30 residents who attended Monday night’s public forum at the library on MBTA zoning compliance remain wary of losing state grant funding if the town does not pass a housing district zoning.

Originally, the state had notified the 177 communities impacted by the new MBTA Communities Act that failure to pass the required zoning district could threaten their eligibility for up to three state grant programs. However, it was announced at Monday’s hearing that that number has increased to 13.

Residents want to know how much Canton has received to date from each of the affected grant programs before a possible vote at the May annual town meeting. They also want a complete review of the proposed zoning district by Town Counsel Paul DeRensis and want an impact study done to determine potential ramifications on traffic as well as school and municipal services.

Residents also voiced concerns about the state changing the rules down the road and how locked in to the zoning Canton would be if that were to occur.

One resident, Bob McCarthy, even suggested that Canton and the other 176 communities consider taking the state to court for forcing the zoning on them without providing any funding to administer it, which he said is a potential violation of the Local Mandate Law that was enacted in 1981 to stop unfunded state mandates. Many residents noted that the state has a record of passing laws that impact cities and towns without providing the requisite funding.

Signed into law by then Governor Charlie Baker in 2021, the MBTA Communities Act requires all 177 cities and towns in the transit authority’s service area to establish new zoning districts that permit multi-family housing (defined as three or more units) by right. The district must be located within a half mile of a commuter rail station, and the housing must be free from any age restriction and be suitable for families with children.

Planning Board Chair Patricia McDermott and Housing Coordinator Kevin Shea, who led Monday’s presentation along with Town Planner TJ Torres, emphasized that the law does not require the actual production of housing, but rather for the proper zoning to be in place within the designated zone. McDermott said there are currently no development applications that have been submitted for review to the Planning Board for the proposed zone.

The state office of Housing and Livable Communities has created specific requirements for each community based on size, population and housing units. In Canton’s case, the zoning must allow for a maximum buildup of 1,490 units and cover a minimum land area of 50 acres. It is possible that many of the 1,490 units are already located in the district, but Torres said the state wanted a “blank slate” of land for planning purposes.

Planners are looking at the district to be within a half-mile radius of the Canton Junction and Canton Center stations. Some of the boundaries of the district include Chapman and Jackson streets, and Revere Street and the Paul Revere Heritage Site, and portions of Walpole Street. The minimum gross density is 15 units per acre with a unit defined as 1,000 square feet of building space.

A working group has put together a draft proposal of the zoning district, and some of the dimensional requirements include a one-acre minimum lot size; a maximum height of three stories; a 30-foot front setback; 20-foot side and rear setbacks; 1.5 parking spaces per unit; and one bicycle parking space per unit. Ten percent of the units must be designated as affordable housing and there should be a local preference for income-restricted units. Developments would be subject to a site plan review by local boards, including the Zoning Board of Appeals, and would need to conform to all existing performance standards and building codes.

The working group consists of Shea, Torres, Town Administrator Charles Doody, Planning Board member Jim Quigley, ZBA Chair Greg Pando, Building Commissioner Ed Walsh, and former interim Town Planner Gene Manning. Technical assistance was provided by Kelsey Quinlan, the town’s GIS analyst, and Jeff Davis, a senior planner from the consulting firm of Horsley Witten Group.

Pando said the working group wanted to incorporate many of the existing site plan review standards while keeping the densities to what Canton already has in place.

The Planning Board intends to hold a formal public hearing on the proposed zoning district in February, and it would then be put before a vote at the May town meeting. The Canton Select Board, who heard a presentation on the draft proposal in late October, has elected to withhold comment until it can be determined whether the state could take any punitive action against the town if residents were to reject the plan.

The town has already submitted a preliminary action plan and received approval from the state, which will be looking for a final town-approved plan by December 2024.

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Posted by Mike Berger on Dec 15 2023. Filed under News, Town Government. Both comments and pings are currently closed.