To the Editor,
In 2021, Chapter 40A Section 3A (a zoning mandate that applies to 177 towns and cities across Massachusetts with some form of MBTA service in their community) was signed into law. Multiple towns and cities have challenged and voted down this mandate, which is currently pending in the Supreme Judicial Court.
Residents of Manchester-by-the-Sea will be voting on November 18th at a Special Town Meeting on whether or not to adopt this zoning. Due to the size and scope of this zoning mandate, a Task Force was formed of resident volunteers and town board members to zone areas deemed suitable in size and use per the state’s guidelines.
There is a basic overview of Section 3A of the zoning act as follows:
An MBTA Community shall have a zoning ordinance or by-law that provides for at least one district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purpose of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A and (ii) be located not more than 0.5 miles from a computer rail station, ferry terminal or bus station if applicable. (Mass. Gen Law, Part I, Title VII, Ch. 3A)
This is the law, not an interpretation of the law.
This mandate has not considered the differences in size, infrastructure, capacity, environmental impacts, community needs, limitations, challenges, and basic regard for local zoning.
Manchester-by-the-Sea is a beautiful small coastal town. Once overdeveloped it cannot be reversed.
Once voted on and if passed, this zoning will be permanent for MBTS in the FOUR districts identified by the MBTA Task Force.
How does the 3A law affect the most vulnerable in our towns:
ELDERS- as stated above in the law, there can NOT be an age restriction; this is NOT a zoning mandate for elderly housing, the law states it is for multi-family units suitable for families with children.
FAMILIES- this is market-rate housing. There is NO requirement for affordability written into the law. You can request an affordability component, but it cannot be "financially detrimental" to the developer. MBTS has requested affordable housing to be included at a maximum of 20%, with no guarantee it will be built, and a caveat that the AFFORDABILITY be based upon an individual meeting the AREA MEDIAN INCOME OF 80% requirement. (that percentage does not help people who need truly affordable housing)
STABILITY- is created through planned efforts, based on factual data that a town can support the overall impacts and growth, economically, and environmentally, and that it serves the needs of a community.
•. Does this law address providing truly affordable housing? Housing for seniors is desperately needed across Massachusetts, not just in the 177 communities with contracts with the MBTA.
•. In addition, overlooking individual community needs, towns and cities that do not vote in favor of this mandate are being threatened to lose grant money (our tax dollars) and face legal action by the state if we do not vote yes on this mandate.
•. Should towns be punished for wanting to keep zoning local and specific to the needs of the community?
•. There are many unknown consequences of voting on and adopting a law with little to no fact-based studies or data to make an informed decision.
•. The permanent zoning changes are clear and will change the character of Manchester by the Sea.
•. Preserving the character of our small coastal town was part of the mission statement of the MBTS task force. Three out of the four zoned districts include 45-foot buildings with 10-foot additional height allotments for structures, mechanical systems, storage, etc., with a finished potential height of 55 feet.
Additionally, three above-ground parking garages (three levels are part of our “small town, preservation-based” zoning. How is this in keeping or preserving the character of our town?
•. No maximum capacity or number of occupants per unit.
•. How do we calculate our infrastructure needs? How much water will we need and the septic capacity we will need? The impact on public safety, parking, and the environment, and the cost to educate an unknown number of students? Having fact-based data is a basic necessity when voting on a permanent zoning mandate.
This law does not provide language that supports a predictable outcome for the town. There is no determined amount of units that will be built, it is a projection without a factual basis.
As hard as the Task Force has worked, they have not provided critical data to support adopting such impactful, permanent zoning changes.
At a recent MBTA sub-committee Task Force meeting, a TF member stated, “We are trying to sell this to the public.” Multiple public forums, meetings, and private venues have been held to help “sell” this to the public.
Zoning should not be sold to the public; it should be planned, fact-based, and in the best interest of the town and its future. The 3A zoning mandate asks residents to vote based on fear, and not facts.
Sarah Pierce
Manchester
