Section 3A and Manchester

Economic Development Bill Signed in January 2021 included a mandate for MBTA Communities to comply with new multi-family zoning requirements;
This mandate is contained within a new section 3A of Massachusetts General Laws Chapter 40A, the State’s zoning act;
For that reason, the new mandate is referred to generally as “Section 3A of 40A” or “MBTA Communities”;
Unlike 40B, this language is not a production mandate. It provides for local control to locate multi-family districts and to establish rules for them.

908, or 37%, of our Housing Units Are Within ½ Mile of the Train Station.

Key features of Section 3A as applied to Manchester:

Within the new multifamily district of each municipality (“District”), developers can build “by right”;
The District must include a total of 750 units (including multifamily units already in existence, subject to further guideline clarification); and
The District must encompass at least 50 acres of buildable land with a minimum unit count of 15 units/acre.
At least half of the town’s multifamily district acreage must be within ½ mile of the train station;
The District must include at least one parcel that is at least 25 contiguous acres – but this parcel need not be within ½ mile of the train station.
Section 3A allows for municipalities to include affordable housing in their plans – but doesn’t mandate that.
DHCD has confirmed that the Section 3A matter is subject to Town Meeting approval.

Opportunity for Manchester to Plan for Growth Suited to the Town:

The guidelines are in draft form;
Public comment on them is welcome and encouraged through March 31, 2022 (CIMAH suggests i) one point per comment and ii) please copy Sharon George, Planning Board Clerk, at georges@manchester.ma.us);
By May 2, 2022, our Selectmen must hold a briefing on Section 3A (not yet scheduled, but please attend) and file a simple informational form with DHCD;
Interim Compliance deadline of December 31, 2022;
DHCD Approval of MBTS Action Plan by July 1, 2023.
Manchester must adopt new zoning requirement by December 31, 2024;
Failure to comply leads to Manchester’s forfeiting eligibility for funds under the Housing Choice Initiative, Local Capital Projects Fund and MassWorks programs; and
Manchester can set its own requirements for affordable housing as a part of this planning.

3A and Affordable Housing:

We need more affordable housing;
MAHT and MHA have been developing plans to build new multifamily units at Newport Park, The Plains, and the DPW site;
The Plains and the DPW site are beyond the ½ mile radius of the train station.
Approximately 220 multifamily units exist already within ½ mile of the train station;
Of these, 63 units are on the SHI and 157 are naturally affordable, and eligible for counting within the 40A guidelines; therefore
If the draft guidelines hold (750 units total, half of which are near the train station), then the multifamily district within the village needs to accommodate ~ 155 new units on ~ 10 acres.
The MAHT/MHA Housing Vision anticipates up to 18 new units at Newport Park, which is within the ½ mile radius.
The other multifamily districts can be defined beyond ½ mile of the train station;
These can include the DPW site, The Plains, Loading Place Road and other appropriate areas which are admittedly less pedestrian-friendly than those within ½ mile of the train station;
Of these, 52 units are on the SHI and about 18 are naturally affordable, and eligible for counting within the 40A guidelines; therefore
If the draft guidelines hold (750 units total, half of which are near the train station), then the multifamily districts outside the village need to accommodate ~ 305 new units (~ 20 acres). Some of these can be at The Plains and the DPW site.