Worcester Business Journal

wbjournal.com | June 12, 2023 | Worcester Business Journal 9 Fund, and the MassWorks Infrastruc- ture program. Aer some towns, including Holden, did not comply with the law by sub- mitting an action plan, Massachusetts Attorney General Andrea Campbell issued an advisory in March, saying communities cannot avoid the law by foregoing the funding and may face civil enforcement action. "MBTA Communities that fail to comply with the Law's requirements also risk liability under federal and state fair housing laws. e Massachusetts Antidiscrimination Law and federal Fair Housing Act prohibit towns and cities from using their zoning power for a discriminatory purpose or with discriminatory effect," Campbell wrote in the advi- sory. "An MBTA Community may violate these laws if, for example, its zoning restrictions have the effect of unfairly limiting housing opportunities for families with children, individuals who receive housing subsidies, people of color, people with disabilities, or other protected groups." Whether it's residents who fear change to their home or municipalities feeling strong-armed by state govern- ment officials, there will be friction as governments and developers try to solve the Massachusetts housing shortage and affordability crisis. "We need to think creatively. e same old isn't going to get us where we want to go. And so we need to be creative, and we need to be open-minded to a lot of different ideas that maybe previously we weren't open minded to," Augustus said at his swearing-in ceremony. Timothy Doyle is the WBJ Real Estate Insider, covering all things related to property in Central Massachusetts. Reach him at tdoyle@wbjournal.com. also reviewing the moratorium vote, to see if it applies to the Rice Road project. Millbury is not the only Central Mas- sachusetts community to enact a mora- torium on multifamily development. In March 2020, a citizens' petition and a proposal from City Councilor Christine Long requested the City of Framingham put a moratorium on mul- tifamily buildings, aer 1,400 housing units were proposed between August 2016 and February 2020. W In a June 2020 memorandum, the City Planning and Community Devel- opment staff determined a moratorium would be arbitrary and unnecessary. Nonetheless, in September 2020, the City Council voted to adopt a nine- month moratorium, overriding a veto by then Mayor Yvonne Spicer. In May 2021, the council extended the moratorium for three additional months. A report by Framingham SOURCE said some councilors felt that the goals of the moratorium – to review and study the ef- fects of multifamily development and to develop policies based on those studies – were not met, with some blaming Spicer for the lack of progress. Since the Framingham moratorium ended, hundreds of additional apart- ments have been proposed in the city. Cracking down on MBTA communities Another state government tool for increasing housing in smaller com- munities is the Multi-Family Zoning Requirement for MBTA Communities, enacted in 2021. is law requires 177 communities, either served directly by the Massachusetts Bay Transportation Authority through rapid transit or commuter rail or abutting communities directly served by the MBTA, have at least one district where multifamily housing is permitted as of right. Each district should be of reasonable size, without age restrictions, suitable for families with children, and have a minimum density of 15 units per acre. "e lack of zoning for multifamily housing is a barrier for new housing development in Massachusetts. By al- lowing multifamily housing near transit, we can create new housing in walkable neighborhoods closer to transit. is is not just good housing policy, it is good climate and transportation policy, too," the Massachusetts Executive Office of Housing and Livable Communities writes on its website. As originally written, communities not complying with the law would lose out on funds from the Housing Choice Initiative, the Local Capital Projects Edward Augustus, secretary of the Executive Office of Housing and Livable Communities Construction of the Union House multifamily development, which has since been completed, was part of a wave of projects that spurred the City of Framingham to pass a since expired moratorium on multifamily developments. The 19 Canal Apartments in Millbury is another multifamily complex from the same developer proposing the 17 Rice Road project. PHOTO | MATT WRIGHT PHOTO | WBJ FILE Multifamily requirements for select Central Mass. MBTA communities Minimum multifamily unit capacity, Percent population according to MBTA Community Population, 2020 change, 2010-2020 Community requirements Grafton 19,664 10.69% 776 Holden 19,905 14.75% 750 Marlborough 41,793 8.56% 1,775 Millbury 13,831 4.30% 750 Shirley 7,431 3.05% 650 Shrewsbury 38,325 7.63% 1,497 Worcester 206,218 13.90% 12,642 Sources: U.S. Census Bureau, Mass. Executive Office of Housing and Livable Communities

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