Multi-Family Zoning Requirements for MBTA Communities

As to top down planning, our culture has recognized that intransigent small towns no longer get to benefit from being near Boston and restricting regional growth. This isn’t totalitarianism and it’s not urban renewal.

It has? Sounds like you’re using a pretty unique definition of “our culture.”


Our system of government has concentric levels of power that use the force of law to enact policy change. Congress “merely” tells me the taxes I have to pay even if I don’t want to, and my refusal to do so would land me in jail. I don’t expect them to defer to my personal desires. I look forward to the “other means” being attempted in court, which is probably the only other route. Good luck!

You can’t jail municipalities.


You know as well as I do, and as every municipal official dating back to the 50s did, that single family sprawl is a much more massive strain on public services and utilities. Dense urbanism can actually bear its own costs, and help the town in its subsidy of single family neighborhoods.

As for character, what a farce! The character of an area is its people. How about pearl clutching about “character” be spent on worrying about how high housing costs impacts the character of formerly affordable towns? The incredibly, inadequately modest expectations of this law allow the individual towns to develop the overlay. Zoning for a small village center does not turn the town into the seaport.

What is an actual negative impact that this imposes on a town? What is a burden they have to bear?
Well, given that you dismiss the objections out of hand, whats the point?

Is your proposal seriously that people opposing these mandates for no reason whatsoever?
 
It has? Sounds like you’re using a pretty unique definition of “our culture.”




You can’t jail municipalities.



Well, given that you dismiss the objections out of hand, whats the point?

Is your proposal seriously that people opposing these mandates for no reason whatsoever?
I’m sure they do, I’m just begging them to articulate it. Of course I’m going to dismiss out of hand something that is demonstrably false. 2+2 does not equal 5. Dense housing does not put more strain on municipal finances than detached single family.
 
I’m sure they do, I’m just begging them to articulate it. Of course I’m going to dismiss out of hand something that is demonstrably false. 2+2 does not equal 5. Dense housing does not put more strain on municipal finances than detached single family.
Of course a substantial increase in population will put an additional strain on a municipality's infrastructure and public systems. It will also have a significant effect on the quality of life in the city or town. Come on now. This is just blatantly obvious.
 
I’m sure they do, I’m just begging them to articulate it. Of course I’m going to dismiss out of hand something that is demonstrably false. 2+2 does not equal 5. Dense housing does not put more strain on municipal finances than detached single family.
But you also dismissed the point that there is an entirely different character to different densities of development.
 
I’m reminded of the joke about suburbia being the place where they cut down the trees and name the streets after them.

The talk of quality of life needs to look beyond municipal boundaries. Making use of the vitality in the greater Boston area, while retreating to a comfortable suburb behind its wall of regulations to keep the costs of that vitality at bay, must change.

Is the MBTA Communities Act perfect? No. Is it better than the prior state? Yes. Should more be done around helping municipalities shoulder the burdens of growth? Yes. Should municipalities get to ignore the act until that help arrives? Hell no. If you are a resident of a municipality subject to the act and worried about the burdens, you should be hammering your reps to do more to spread the burdens (eg. school costs, sewerage costs, etc) across all of us.
 
Of course a substantial increase in population will put an additional strain on a municipality's infrastructure and public systems. It will also have a significant effect on the quality of life in the city or town. Come on now. This is just blatantly obvious.
You’re either ignorant of the law or arguing in bad faith. This isn’t a town signing up to add 10% of its population in dependent refugees. It’s a zoning change that may lead to a gradual increase in the towns population. During this gradual build up the town gets to reap higher property tax revenue and benefit from the new construction being cheaper to serve on a per unit basis than its existing housing stock. This is a boon to municipal resources that will improve financial stability and resiliency, not a strain.

What will the significant effect on quality of life be? Be specific.

But you also dismissed the point that there is an entirely different character to different densities of development.
I’m not dismissing it. I’m claiming it. Restrictive zoning has decimated the character of neighborhoods, small cities, and towns all across the region. It has destroyed rural areas and caused gentrification of the inner core. This act goes a very, very small way towards at least slowing the rate of character decimation.
 
The talk of quality of life needs to look beyond municipal boundaries. Making use of the vitality in the greater Boston area, while retreating to a comfortable suburb behind its wall of regulations to keep the costs of that vitality at bay, must change.

Why? You assert that, but you haven’t demonstrated it.

I’m not dismissing it. I’m claiming it. Restrictive zoning has decimated the character of neighborhoods, small cities, and towns all across the region. It has destroyed rural areas and caused gentrification of the inner core. This act goes a very, very small way towards at least slowing the rate of character decimation.

No, you’re dismissing the concerns people in small towns have about changes in their towns by reframing the argument to be about the overall region, instead.

Here, let me show you just how stubborn the voters are: last year, the town of Kingston voted down necessary repairs to the town’s sewage system expressly to make it harder to develop any new developments in the town. You’re dealing with voters who, when faced with the possibility of denser development or the risk of raw sewage backing up into their property… picked the raw sewage.

Now, add on the most quintessential of American political ethos: if a higher level of government tries to mandate X, X must be fought with every means possible. Case in point, our ancestors dumped tea into Boston harbor when the Parliament in London tried to force them to buy tea… at a cheaper price than they were currently paying.
 
Now, add on the most quintessential of American political ethos: if a higher level of government tries to mandate X, X must be fought with every means possible.
If this (god forbid) manages to go the SCOTUS and they rule against the MBTA communities act, then I'm sure that these local patriots will be happy to accept the authority of an even higher level of government.

No, this is not proud patriotism. This is another quintissential American value: greed and fear triumphing over the long-term common good.

EDIT: I feel like I should mention, thank you for the great Kingston anecdode, but my takeaway is the opposite of yours: it demonstrates exactly why dense zoning needs to be mandated on a state level rather than left to individual municipalities to do on their own.
 
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The most likely outcome is the law stands and municipalities either comply, or they face the consequence of loss of funding. Let the cities choose the stick! I think that would be the most instructive, as it would expose these towns as being willing to punish their own people by reducing their material well being rather than adjust their zoning.

That funding can be re routed to municipalities in compliance. Let’s not forget that Milton is both challenging the law and has filed suit to regain funds that were restricted as a consequence of their non compliance. Congrats on the “sovereignty”, now you get to act just a bit more independent as well.
 
You’re either ignorant of the law or arguing in bad faith. This isn’t a town signing up to add 10% of its population in dependent refugees.

Dunno about refugees per se... but may as well be.

Again... building apartments in Holden isn't going to make your Davis Square rent any cheaper. Seriously. This bill flies in the face of where the demand is for MUDs, let alone the logistics of car free living. College Grads are extremely important to Boston's future, but they are not living in Holden, sorry.
 
Davis Sq is in demand because it's and vibrant and walkable. Centers of towns and small cities can be vibrant and walkable, too. Density is key to walkablility.
College Grads are extremely important to Boston's future, but they are not living in Holden, sorry.
This is dumb on multiple levels. Who is moving to Holden, then? Only blue collar workers? Or nobody? If nobody is moving there, is that because housing costs too much, maybe?

By the way, one of my closest college friends literally moved to Holden immediately after graduating a few years ago.
 
If this (god forbid) manages to go the SCOTUS and they rule against the MBTA communities act, then I'm sure that these local patriots will be happy to accept the authority of an even higher level of government.

No, this is not proud patriotism. This is another quintissential American value: greed and fear triumphing over the long-term common good.

EDIT: I feel like I should mention, thank you for the great Kingston anecdode, but my takeaway is the opposite of yours: it demonstrates exactly why dense zoning needs to be mandated on a state level rather than left to individual municipalities to do on their own.

Whoever said anything about patriotism? I’m talking about localism. I don’t know if you noticed, I’m not arguing against higher densities. I’m explaining why and how people oppose them. Meanwhile, your arguments show a greater interest in enforcing your desired outcome than in accomplishing it in an efficient fashion. Its a classic “I’ve got a hammer, everything is a nail” mindset.

And if that is your takeaway from the Kingston ancedote, then you lack imagination. There’s always more ways to gum up the system than there are to force your will on others.

And you also underestimate just how obnoxious and slow lawfare can be. Lets say that this issue hypothetically went to the Supreme Court. When, exactly, would you see that happening? The 2030s? Just to get to where we are… now. A decade for those who are stubborn to find a thousand ways to disrupt this law.
 
Whoever said anything about patriotism? I’m talking about localism. I don’t know if you noticed, I’m not arguing against higher densities. I’m explaining why and how people oppose them. Meanwhile, your arguments show a greater interest in enforcing your desired outcome than in accomplishing it in an efficient fashion. Its a classic “I’ve got a hammer, everything is a nail” mindset.

And if that is your takeaway from the Kingston ancedote, then you lack imagination. There’s always more ways to gum up the system than there are to force your will on others.

And you also underestimate just how obnoxious and slow lawfare can be. Lets say that this issue hypothetically went to the Supreme Court. When, exactly, would you see that happening? The 2030s? Just to get to where we are… now. A decade for those who are stubborn to find a thousand ways to disrupt this law.
I understand where you're coming from here - but if we extrapolate this "avoid the stick, they'll only respond the way we want with carrots" mentality more broadly, my marriage would likely still be illegal in a number of Southern states. And it's not like those states didn't try to gum up the system - they made every effort to do so - but they still lost, someone else's (collective) will was still forced on them, and our country is unquestionably better off for it. Sometimes you need to bonk heads with sticks.

I recognize that drawing parallels between miscegenation laws and municipal zoning is a stretch. But I don't agree with letting people - whether individuals, communities, corporations, what have you - get away with refusing to follow properly-established law simply because enforcement/legal defense of said law is expensive, time-consuming, and/or unpopular locally.
 
I understand where you're coming from here - but if we extrapolate this "avoid the stick, they'll only respond the way we want with carrots" mentality more broadly, my marriage would likely still be illegal in a number of Southern states. And it's not like those states didn't try to gum up the system - they made every effort to do so - but they still lost, someone else's (collective) will was still forced on them, and our country is unquestionably better off for it. Sometimes you need to bonk heads with sticks.

I recognize that drawing parallels between miscegenation laws and municipal zoning is a stretch. But I don't agree with letting people - whether individuals, communities, corporations, what have you - get away with refusing to follow properly-established law simply because enforcement/legal defense of said law is expensive, time-consuming, and/or unpopular locally.

Yes, it is a stretch, in no small part because what possible carrots could be offered to combat miscegenation laws?

Also, we need to acknowledge one of the key reason to use the stick over the carrot is because the two sides are wildly far apart. Another is that the side being stick-ed doesn’t have much of a way to retaliate.
 
If this (god forbid) manages to go the SCOTUS and they rule against the MBTA communities act, then I'm sure that these local patriots will be happy to accept the authority of an even higher level of government.

No, this is not proud patriotism. This is another quintissential American value: greed and fear triumphing over the long-term common good.

EDIT: I feel like I should mention, thank you for the great Kingston anecdode, but my takeaway is the opposite of yours: it demonstrates exactly why dense zoning needs to be mandated on a state level rather than left to individual municipalities to do on their own.

This you? Why not build as tall and dense as possible wherever the FAA allows, starting with tearing down all those museums in Allston?
 
Yeah, that's me @Wonk and I'm happy to own that sentiment. Nobody is asking you to knock down your suburban town's historic buildings or cut down your forests. I'd be against that.

They're saying you need to zone so that some, I don't know, parking lots or gas stations or goddamn self-storage buildings in your town center could *legally* *potentially* be developed into housing.

That housing doesn't have to be 5/1s. It could be nice brick rowhouses, or whatever type of MFH town is willing to allow and incentivize.
 
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From the Scituate Master Plan 2040 Document:


"Greenbush and North Scituate have commuter rail stations that serve the Greenbush line that connects Scituate with Cohasset, Hingham, Weymouth, Braintree, Quincy, and Boston. These stations should be centers for village-scaled transit-oriented development that can support residential and commercial development. The recent zoning changes for the Greenbush Driftway area will contribute to building compact communities that take advantage of major public transportation infrastructure thus reducing negative impacts on the environment."

The attached Master Plan has a ton of information, but I think it's fairly progressive for a suburban town 30 minutes from Boston. I'm proud of all the work that Scituate has done to produce more housing. Could it be more? Sure! However, it's a step in the right direction.
 
You’re either ignorant of the law or arguing in bad faith. This isn’t a town signing up to add 10% of its population in dependent refugees. It’s a zoning change that may lead to a gradual increase in the towns population. During this gradual build up the town gets to reap higher property tax revenue and benefit from the new construction being cheaper to serve on a per unit basis than its existing housing stock. This is a boon to municipal resources that will improve financial stability and resiliency, not a strain.

What will the significant effect on quality of life be? Be specific.
The rate of population increase could be gradual or it could be rapid. Just like the percentage of population increase may be low or it may extremely high. For towns and cities that embrace the spirit of the mandate, it will most likely be the latter in both cases. As I've already pointed out, municipalities are forbidden from limiting the number of occupants or bedrooms in these as of right units within these new districts. Even if you add 20% more net units to the municipality, the actual number of additional residents may be far higher.

It is extremely unlikely that new property taxes will be able to offset a substantial increase in costs for expanded municipal services and other expenditures. An additional double-digit percentage of students into a school system can cripple a town's treasury all by itself. Cities and towns generally don't make out like bandits with population increases, especially if that increase is sudden, and especially if a high percentage of that increase is young families, which this law claims to encourage.

A large increase in population will have a substantial impact on traffic to most of these municipalities. Supporters of this law just seem to get all hand wavy and dismissive whenever this is brought up, as if no one will have to rely on a car anymore because they can just base their existence on the commuter rail station a mile down the road. This is just absurd, of course. There will be an enormous influx of cars onto the local roads in these towns, many of which are already choking in traffic.

There is an elephant in the room here, and that is that this law is premised on a paradigm that has become obviously anachronistic. The model that has hundreds of thousands of people all pouring into Boston from the suburbs in the morning and all pouring out of Boston back into the suburbs in the evening. People don't have to do this anymore, nor do they want to. Just as people don't need to pile into the city to fill all those shoe factories, auto plants and shipyards anymore, they don't need to fill those gargantuan corporate office towers anymore. The work-from-home revolution has happened, and COVID was its proof of concept. Businesses realized that they didn't have to spend millions of dollars on office space and workers got back the enormous chunk of the lives that was being wasted getting to and from their cubicles everyday. We're not going back. Those empty office buildings downtown are going to stay that way. Subsequently, the MBTA, who's ridership numbers have absolutely plummeted since COVID, isn't going to get those riders back either.

We in Massachusetts probably should be looking at a more distributed, nodal model of self-sustaining communities for the future rather than this plainly outmoded, gigantic, centralized model revolving around the Shawmut Peninsula.
 
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No, you’re dismissing the concerns people in small towns have about changes in their towns by reframing the argument to be about the overall region, instead.

No, I'm saying that the character of individual towns has changed over the past couple decades and continues to do so because of the status quo of zoning. Though I agree with and appreciate your observation that this is a region-wide phenomena.
Here, let me show you just how stubborn the voters are: last year, the town of Kingston voted down necessary repairs to the town’s sewage system expressly to make it harder to develop any new developments in the town. You’re dealing with voters who, when faced with the possibility of denser development or the risk of raw sewage backing up into their property… picked the raw sewage.

Now, add on the most quintessential of American political ethos: if a higher level of government tries to mandate X, X must be fought with every means possible. Case in point, our ancestors dumped tea into Boston harbor when the Parliament in London tried to force them to buy tea… at a cheaper price than they were currently paying.

The tea analogy would be more appropriate if it were Great Britain trying to force Boston to open up their markets to free trade, not the other way around. Let's not lose sight of what "big government" is trying to impose here is liberalization of private property rights. I would love to see the founders' reaction to government dictating floor-area-ratios, setback requirements, and how high your hedges can be (3 feet in the front, 6 on the sides in rear here in Quincy). Their fear of reactionary mob rule certainly seems to have aged well on this issue.
 
Yeah, that's me @Wonk and I'm happy to own that sentiment. Nobody is asking you to knock down your suburban town's historic buildings or cut down your forests. I'd be against that.

They're saying you need to zone so that some, I don't know, parking lots or gas stations or goddamn self-storage buildings in your town center could *legally* *potentially* be developed into housing.

That housing doesn't have to be 5/1s. It could be nice brick rowhouses, or whatever type of MFH town is willing to allow and incentivize.
Adding on to extra emphasize that "Denser housing" doesn't mean 5over1s, apartment buildings, etc. It could be some duplexes/triplexes in a neighborhood that's currently single-family dwellings. If you're worried about the "character" of quiet single-family house streets this is probably the densification for you. It could be one or two storeys of apartments built on top of existing downtown shops, which can bring new life to a downtown that's been gutted by suburban shopping malls, or it can be a new block of row-houses, like you see in the South End, built where some parking lots, self-storage facilities, car dealerships, etc used to be.
The rate of population increase could be gradual or it could be rapid. Just like the percentage of population increase may be low or it may extremely high. For towns and cities that embrace the spirit of the mandate, it will most likely be the latter in both cases.
If "the spirit of the mandate" means bulldozing a bunch of existing buildings or erecting massive new developments on underused land, then sure. But you and I both know that's not what's going to happen. Urban development is an extremely slow process. Rezoning opens the door to redevelopment, which gets some developers interested, who then start looking at land costs, who then have to jump through a bunch of bureaucratic hoops, who then need to design their building or buildings, jump through some more hoops, and then finally start building. None of this is rapid.
As I've already pointed out, municipalities are forbidden from limiting the number of occupants or bedrooms in these as of right units within these new districts. Even if you add 20% more net units to the municipality, the actual number of additional residents may be far higher.
If you had a town where everyone lived in their own house and a bunch of families with 5 kids moved in, then sure. But again, you and I both know that these suburbs are filled with families with 1-2 kids, and the people moving in will be young professionals with 0-2 kids.
There is an elephant in the room here, and that is that this law is premised on a paradigm that has become obviously anachronistic. The model that has hundreds of thousands of people all pouring into Boston from the suburbs in the morning and all pouring out of Boston back into the suburbs in the evening. People don't have to do this anymore, nor do they want to. Just as people don't need to pile into the city to fill all those shoe factories, auto plants and shipyards anymore, they don't need to fill those gargantuan corporate office towers anymore. The work-from-home revolution has happened, and COVID was its proof of concept. Businesses realized that they didn't have to spend millions of dollars on office space and workers got back the enormous chunk of the lives that was being wasted getting to and from their cubicles everyday. We're not going back. Those empty office buildings downtown are going to stay that way. Subsequently, the MBTA, who's ridership numbers have absolutely plummeted since COVID, isn't going to get those riders back either.
This is all true, people are not commuting like they used to, but it's also not relevant. It doesn't change the fundamental truth that MA needs more homes, and urban sprawl is fundamentally unsustainable. Given those two facts, denser housing is the only solution. And to use your own words, why should a denser housing plan be focused exclusively on the gigantic, centralized model revolving around the Shawmut peninsula?
A large increase in population will have a substantial impact on traffic to most of these municipalities. Supporters of this law just seems to get all hand wavy and dismissive whenever this is brought up, as if no one will have to rely on a car anymore because they can just base their existence on the commuter rail station a mile down the road. This is just absurd, of course. There will be an enormous influx of cars onto the local roads in these towns, many of which are already choking in traffic.
If you make literally everything except the population static and unchanging, then sure. But if you say, add a cycle path between some new developments, and the local grocery store, then suddenly this is no longer true.
 
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