Vote YES for MBTA (3A) Zoning

Manchester-by-the-Sea will be holding a crucial vote on MBTA Zoning Laws at the upcoming Special Town Meeting on Monday, November 18 at 6:30pm at the High School. I believe Parks & Rec is working on providing child care for the meeting. This vote is pretty important for setting a course for Manchester’s future.

Vote YES on articles to approve MBTA Zoning Laws to:

• Create affordable housing opportunities for young families and seniors

• Keep taxes low

• Help our schools

• Preserve land and open spaces

• Honor the character of the town

• Retain our Town’s right to determine our future

I will share my reasoning in the coming weeks leading up to the November 18 town meeting. Until then, it is important to get the facts about MBTA Zoning Laws right. There is a lot of misinformation floating around.  This email includes the basic information you need to know.

What are Zoning Laws?

Zoning laws are laws that dictate how land can be used in a specific area. For example, you would not want a major industrial park built in the middle of a quiet residential neighborhood. Zoning laws can regulate housing, which affects how many people can live in an area, or population density. Multifamily housing would create more density and housing that is more affordable. Single family housing is less dense, but more expensive. Of Manchester’s seven current zones that include residences, five limit residential dwellings to only single family structures, although some multifamilies in town have been “grandfathered in.” 

What are the MBTA Zoning Laws?

Because of a statewide housing shortage, the state passed a law  (Section 3A of MGL 40A)  in January 2021 that requires towns with an MBTA station to change their zoning laws to allow for more multifamily residences. It passed under Gov. Charlie Baker and is being implemented by Gov. Maura Healy.  The purpose of the law is to create more housing in towns that have the benefit of a train station and would be accessible to households without a car. 

Failure to comply with the law would make the Town ineligible for certain grants and risk the loss of other state grants (MBTS received $4 million from the state in 2024 - slide 19). The state has threatened and carried out a lawsuit against towns that fail to comply.

Here is some basic information to know about MGL 40A:

• The law does not mandate any building at all. Rather, the law states that, in Towns served by the MBTA there must be at least one district where multifamily residences are allowed “by right.” 

• “By right” means that a special permit or variance is not required, but any site under the law would still be required to go through a Site Plan Review. It does not mean the homeowner can do anything they want. 

• The new zones that allow for multi-families would “overlay” on top of the zones in our existing by-laws. 

• Manchester needs to allow for multifamily residences on 37 acres to comply with the law, 14.8 acres of which need to be within a half-mile radius from the train station. (Manchester’s total acreage is 5,100.)

• “Multi-family” does not necessarily mean a large apartment complex. Multi-family housing is also a building with three or more residential units or two duplexes on a single lot.  

• The minimum density required is 15 units per acre. The units on 10-12 Summer Street (near Laughing Gull) are denser than that at 17.73 units per acre.

• These districts cannot be restricted by age (e.g. senior housing) in the zoning laws and must be suitable for families with children. However, as long as a project complies with the new by-laws’ rules, a senior housing project could be built. The town could encourage future developments to be senior housing but it may not require it.

• The Manchester MBTA Task Force is recommending 4 districts where zoning laws that allow for multifamily residences will lay on top of existing zoning laws. Here is what they submitted to the state on June 28, which is summarized here.  They are calling these districts “Community Housing Overlay Districts” or CHOD.  

What does this mean for Manchester?

• For individual homeowners in town:

• Homeowners in the Districts are not required to build anything.

• Existing rights under current zoning laws allowing for single-family homes retained.

• If the lot is large enough, the overlay multi-family zoning laws will allow homeowners to add residential units to their property within the parameters of the new by-law. 

• The local laws will still regulate what is allowed to be built by stipulating lot size, parking, wetland protection, public health requirements, and conservation restrictions. 

• All projects are subject to a Site Plan Review through the Planning Board. This process includes an opportunity for abutters to weigh in on any project allowed under the Multifamily Zoning Laws.

• For our town:

• The Task Force intentionally selected lots that were least likely to be developed because they were either recently developed or are small. This will likely result in either no new building or only small scale projects.

• The Task Force predicts  that the zoning changes it proposed to the state will comply with the law and allow for the slow addition of multifamily units over a period of time. 

• Although technically the multifamily zoning laws call for 559 units, 227 of those units already exist in parts of town that are already densely populated. The Task Force did this on purpose to limit development downtown. A recent “Propensity to Change” study based on financial factors, like land value and interest rates, revealed that only 134 units would be likely to be built under the proposed changes. Only 34 of those units would be downtown and 100 of those would be in the Beaver Dam Road district, near the MAC and currently fully occupied by a successful storage business. (See MBTA Task Force Virtual Forum on 9/27/24).

• In order to preserve the architectural “character of the town,” the proposed zoning law includes a Design Review Board with professional design experience to assist the Board in reviewing proposed buildings.  Design Guidelines can describe specific requirements for:

• Location, massing, and orientation of buildings

• Rules for the placement of:

• Doors and windows

• Trim details

• Roof pitch and length

• Use of dormers

• Suggested building materials 

• Parking and vehicular access 

• Our town DPW has stated that the town has the water and sewer infrastructure to accommodate the increase in units.  (See question 15.)

• Because our school enrollment is recently down and Manchester built a new school in the past 5 years, we have the physical and programmatic space for more students. This would be to the advantage of our schools because: 

• In order to maintain a highly-ranked school district, we need to maintain a certain level of enrollment in order to offer a breadth of course offerings in more advanced courses. 

• Currently, MERSD has 83 school choice students, or students who attend from surrounding towns. 

• More enrollment will require more teachers which could lower class sizes. 

• Loss of state grants could be detrimental to our town finances. 

• MBTS received $4+ million in state grants in 2024.  The loss of these state grants puts a heavy burden on the town to cover expenses for important budget items like schools, infrastructure repairs and police and fire services.  

• For every $300,000 added expense, taxes go up 1%. A loss of $1 million in state grants could lead to a tax increase of 3%, all other things being equal.  A loss of $4 million in state grants could potentially raise taxes by 12%.  

• Failure to comply will likely result in a civil suite from the state. The town would need to allocate limited time and resources to this lawsuit, diverting money and attention from pressing town needs.

• This could affect our town’s ability to pay for basic necessities, such as the school budget, as well as much needed infrastructure projects, including the library renovation/ rebuild. 

• Approving this law could help us work toward the 10% threshold for affordable housing that would prevent large, hostile developments like SLV that are allowed by the state under 40B.

• You can learn more information in these FAQ’s from the MBTA Task Force.  They provide many additional documents at their website on the town page. 

How can MBTA Zoning changes create more housing in town at different price points?

Passing the zoning changes does NOT mean that affordable housing will immediately be available or that big box housing projects will be built downtown.  Rather, the law allows for more units to be built on properties in the districts zoned for multi-families. (Summary of the districts here.) Given the low housing stock and rising cost of housing in Manchester-by-the-Sea and elsewhere, this is a vital opportunity.

The town recently conducted a study to predict the likelihood of actual building based on financial factors if the MBTA Zoning is allowed. It estimated that it is likely:

• only 34 units might go in downtown over time

• 100 units might go in by the MAC (Beaver Dam Road)

The hope is that developers will build asmall amount of different size units over time where the lost size, square footage, # of bedrooms/ bathrooms, etc. would create housing at different price points. This could help with the housing shortage that is hurting the state economy and also affecting seniors and families who are trying to find affordable places to live and stay and in town.

There is a thriving storage unit business by the MAC so no one knows if those 100 units would actually be built. However, if a development is going to go in there, it is possible that the town could encourage 55+ housing or an assisted living facility. When our seniors can downsize and stay in town, we may see more houses come onto the housing market for first time home buyers or those looking for the next step.

The zoning law changes proposed by the Town MBTA Task Force do include housing affordability requirements. In the MBTA Task Force’s proposal, projects with 5 or more units must make 20% of the units affordable and eligible for listing on the State’s Subsidized Housing Inventory.  These are the units that would count toward the 10% benchmark that the town needs to hit in order to prevent hostile 40B developments like SLV.  Two apartment complexes in town that already have lower rent and income limits are included in the new zoning districts. Passing these zoning changes would mean that new units could be added.  Manchester has had a problem attracting developers because the small volume of the projects are not profitable for them to build. Adding units could be more attractive to them so that they would agree to projects and we can actually increase the supply of low income housing. 

Under our existing zoning, we continue to see the single family homes that are $700-800K bought, torn down or renovated, and put back on the market at $1.5-2 million. Much of this is done by developers. This is not affordable for young families, first time home buyers, or seniors.  Teachers, firefighters, and police officers will continue to be priced out and the barrier to entry will only get higher unless something changes. 

Some may argue that these laws do not nearly do enough to address the cost of housing in Manchester-by-the-Sea. While alone, these laws do not create affordable housing immediately, they open the door to future opportunities to build more housing at different price points in more parts of town for renters, potential homeowners, or current homeowners ready for the next step.

How will passing the MBTA Zoning laws affect our town infrastructure and budget?

I do believe that passing MBTA Zoning will open the door to opportunities to create more housing at different price points in MBTS.  However, of equal or more concern to me is how a “no” vote on MBTA Zoning will have a detrimental effect on our town finances.  The penalty for towns that refuse to comply with the law is the loss of state grant money. The town receives grant money from the state for things like maintaining the harbor, conservation, and infrastructure upgrades.  MBTS received $4m+ in 2024 and is set to receive $4.5m in the next two years for harbor dredging and raising Tuck’s Point Rotunda. Additionally, we are set to receive $150K for library renovations along with a potential for $3m for construction costs  contingent upon passing MBTA Zoning. Current and anticipated grants data can be found here.   In a Fiscal Analysis of MBTA Zoning by the MBTS Finance Committee, it was estimated that the “potential loss of grants” total is $20-$40 million over the next 20 years. 

The grant funds currently on the table ($4.5m plus library renovations) are not something that we can say, “thank you but wait a few months.” If we delay our MBTA Zoning vote and pass up state grants, that money is not going to be sitting there waiting for us when we are ready. It will be repurposed for other needs in other parts of the state. 

Additionally, if we do not pass MBTA Zoning, it is likely we will be sued by the state. The state recently sued the town of Milton over their noncompliance.  Our town resources would be further strained by legal fees spent defending ourselves in a lawsuit.  Milton has approved an initial $275K fixed fee to pay legal costs, noting that it could be adjusted upward if needed based on hours worked. The senior partner’s name on the filings is head of Appellate and Supreme Court Litigation for the firm. His billing rate is likely somewhere between 1600-2000/hour by an unofficial estimate.

If we do not have access to that grant money, we can either let our infrastructure languish or move forward with the projects.  If we do move forward with the projects, the cost of the project would need to be covered by taxpayer funds.  We could be looking at significant tax increases given that, for every $300,000 of added expense, taxes go up 1%. We would be looking at hard choices about whether or not to raise taxes, by how much, and what to pay for. As an advocate for public schools, this deeply concerns me because it can affect the town’s ability to fund the school district at a level required in order to provide an excellent education.  

Concerns have been repeatedly raised about how an increase in housing might affect our town’s infrastructure. This is actually a non-issue because if there isn’t enough capacity in future years, the guidelines from the state state that “other legal or practical limitations, including lack of infrastructure or infrastructure capacity” could result in “actual housing production at lower density than the zoning allows.”  In an effort to be cautious, a year and a half ago, the DPW did a study of sewer and water capacity based upon an exaggerated number of 1500 new residents to calculate what our water and sewer systems can handle:

Assuming all of those residents are on Town water and sewer, and assuming a basic figure of 65 gallons per capita per day, the increase in capacity would be approximately 97,500 gpd. This figure combined with our 2022 daily average use would put the Town at approximately 732,500 gpd water and 468,500 wastewater (101.7% and 69.9% utilized respectively). As described above these numbers would be considered conservative assuming no additional improvements implemented within the system. Even then the Town could reasonably accommodate such an increase. ((Question 15)

Our existing infrastructure has the capacity. Additionally, according to a fiscal analysis of MBTA Zoning impacts, the Finance Committee state, “Since the new units will pay water and sewer fees, we do not anticipate any impact on these budgets.”

Passing MBTA Zoning can be a win-win: a win for those who are affected by the housing crunch and a win for those who want to see our town finances strong and stable, now and into the future. 

How will passing the MBTA Zoning laws affect our schools?

You can find the School Committee’s discussion of this topic at the 1:38:34 time stamp on this video recording of their meeting on 10/15/24.

I plan to vote yes in support of MBTA Zoning because I want to continue to see healthy town finances, small class sizes, and depth and breadth in learning experiences for the students of MERSD.

Manchester Memorial has the capacity for more students. It was built with a capacity of 335 and current enrollment is 285 students.  At the 10/15/24 School Committee meeting, Superintendent Beaudoin stated that she felt that the school could absorb 100 or more students in addition to what is there now.  The recent Finance Committee Fiscal Analysis predicted that the increase in school age children from MBTA Zoning to be somewhere between 50-90 students. 

MERSD continually ranks as one of the top school districts in the state because class sizes are low and the school offers specialized courses. Recent allocations of teaching staff based on enrollment and budget meant that, other than first grade and Pre-K, there are only 2 classes per grade and class sizes have ticked up recently at Memorial. Memorial was built to accommodate 3 classes per grade level. An increase in the number of students at Memorial might require hiring more teachers, which would cause class sizes to go back down.  Adding or maintaining current enrollment means that student interests, learning profiles, and the grade levels of new and existing residents could add teachers, programs, or specialized courses.  Dropping enrollment would shrink programs or necessitate cutting courses or even teachers. 

Failure to comply with MBTA Zoning would result in the loss of state grants for town projects like harbor dredging and raising the rotunda.  The loss of these state grants means that we either let our infrastructure decay or use taxpayer funds to cover the lost grant money ($4.5m for 2025-26 alone). Taxes go up 1% for every $300,000. Down the line, town residents will be forced to make hard choices about what to prioritize and when or how much to raise taxes.  In that climate, the town would still need to find ways to pay for the excellent education that MERSD has historically provided to students, balancing cuts in services against Proposition 2.5 overrides.  It is vital we ensure our town finances can continue to support the excellent education MERSD has historically provided. 

I invite you to join me in voting yes on MBTA Zoning in support of our schools. 

Could passing the MBTA Zoning laws “change the character” of Manchester-by-the-Sea?

It depends on how you define “character.”

If you define it as character of the buildings:

If you define it as character of the buildings, according to a recent “Propensity to Change” study, only 134 of those *residential units* are likely to be built and 100 of those *units* are on Beaver Dam Road.  The MBTA Task Force intentionally selected lots that were least likely to be developed because they were either recently developed or are small. To buy up a lot in Manchester, even a small one, is an expensive undertaking and would make the attempt to buy a cluster to build a large development and turn a profit in downtown Manchester difficult. 

A proposed development must comply with a set of performance standards that are listed in the bylaw and which are part of the Site Plan Review, a formal review process conducted by the Planning Board. In approving a site plan the Planning Board must find that a plan conforms with each of the standards as well as specific criteria. Projects must conform to the required lot size, parking, setbacks, building heights, etc.  The Planning Board may impose specific conditions in its approval.  It may also grant waivers if such waivers will improve the basic design and not cause harm. The proposed zoning law includes a Design Review Board with professional design experience to assist the Board in reviewing proposed buildings.  Design Guidelines can describe specific requirements for location, massing, and orientation of buildings.  Rules for the placement of doors and windows, trim details, roof pitch and length, use of dormers, and suggested building materials are also included. 

MBTA Zoning protects our existing open spaces. Multifamily homes are more environmentally friendly than single family because they house more people on buildable land, utilizing land more efficiently.  No wetlands or floodplains are included in the districts and there are no exemptions from the Wetlands Protection Act. The Conservation Commission continues to have jurisdiction over conservation lands.  Additionally, Beaver Dam Road was chosen as a parcel to include in the multifamily zoning districts because that land was already disturbed, protecting our existing green spaces.

If you define it as the character of the people:

In my experience of living in MBTS, the “character” of MBTS is people who are kind, caring, and watch out for each other.  We enjoy life in our seaside setting. Kids run free and families work together. People work hard here, and always have.  MBTS historically has housed teachers, furniture-makers, fishermen, and caregivers. High housing prices and low housing stock are putting the ability of families to live and seniors to stay here at risk.  Developers have been buying up the houses in the $700-$900K range, tearing them down, and building single family homes that fill lots. These developers are already pricing out families looking for starter homes or “next step” homes and building $1.5-2m+ houses on those lots. Passing the MBTA Zoning Laws is one step in the direction of changing that, so that all people from all walks of life can afford to rent or own here and contribute to our community.  In my opinion, it’s the people who are the character of our town.