Is Massachusetts' 2021 Transit-Oriented Housing Law Failing? This is What Concerned Developers Had to Say

In 2021, the MBTA Communities Act was implemented in Massachusetts, aiming to tackle the state's housing shortage by encouraging higher-density development near transit stops. Initially, the real estate industry welcomed the law, seeing it as a means to unlock new development opportunities.

Challenges and Reservations

However, challenges soon emerged as some municipalities began rejecting new zoning plans, while others appeared to comply with the law but adopted strategies undermining its objectives. Developers expressed dwindling optimism, citing concerns over the latitude given to local municipalities in zoning decisions.

Current Progress and Concerns

While some progress has been made, with 55 out of 177 MBTA communities approving new zoning measures, doubts persist regarding the effectiveness of these plans. Some towns are accused of exploiting loopholes to hinder new development, such as rezoning already densely developed areas.

State Response and Alternative Solutions

The state's response varies, with officials emphasizing compliance with guidelines but also acknowledging the need for local initiative. Additionally, alternative tools like the 40B statute, enabling developers to override local zoning for affordable housing, are highlighted. Governor Maura Healey's proposed Affordable Homes Act is also seen as potentially beneficial.

Resistance and Litigation

Resistance to new zoning proposals is evident, with some communities voting against them. Litigation with non-compliant municipalities, including Milton, underscores the state's commitment to enforcing the law swiftly.

NIMBY Sentiment and Developer Challenges

Growing NIMBY (Not In My Backyard) sentiment presents a major challenge for developers, with zoning board rejections and appeals becoming more frequent. Negative sentiment is identified as a significant obstacle to project progression.

Community Compliance and Success Stories

Despite challenges, some communities have successfully proposed meaningful zoning changes. Lexington, for example, implemented 12 new overlay districts, paving the way for multifamily and mixed-use development. Education and a focus on mixed-use components have been crucial in gaining community support.

Expanding Opportunities and Looking Ahead

For some developers, the MBTA Communities Act has expanded potential development locations, offering opportunities in previously inaccessible neighborhoods. Strategies for targeting communities and sites have been evolving in response to the new legislation.