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Image from Application to Planning Board by PP Everett Street, LLC for development of 22 Everett Street in Westwood's new mixed-use, multi-family housing district.
7-21-2023 1:18am
Westwood Moves Forward with Multi-Family Housing District at Least 50 Acres in Size
Darlene Cancell
Editor
Under pressure from the Massachusetts Department of Housing and Community Development (DHCD) and the Healey-Driscoll administration, Westwood’s Planning Board and Select Board on July 12, 2023 each have unanimously voted to revise Westwood’s Community Action Plan, that proposes zoning a district for a multi-family housing by right, from an area of 16 acres with possibility of expansion, to an area of at least 50 acres.
Under a new state law (Chapter 40A, Section 3A) to create more multi-family housing in Massachusetts, Westwood and other MBTA communities are required to create at least one zoning district of “reasonable size” where multi-family housing is permitted as of right. The district must be suitable for families with children, have no age restrictions, and be within 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station.
MBTA communities that fail to comply with Section 3A will not be eligible for state funds from the Housing Choice Initiative, the Local Capital Projects Fund or Massworks infrastructure program.
To comply with Section 3A, Westwood’s Planning Board had previously envisioned, and town residents had approved by vote in Town Meeting, creation of a Mixed-Use & Multi-Family Residential Overlay District (MUMFROD) district of just over 16 acres, of which the property at 22 Everett Street is a part. That plot of land is currently a spot of planned development by PP Everett Street LLC for mixed-use residential development that would include new multi-family housing. The siting and sizing of the MUMFROD district had been undertaken with Planning Board’s careful deliberation, apparently relying on a standard of reasonableness.
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However, in contrast to the balancing and discretion that a “reasonable” standard seems to convey, DHCD has promulgated more objective guidelines
to apply across MBTA communities in the state. DHCD’s guidelines take a more black and white approach, defining “reasonable size” to mean a largely uniform 50 acres for many MBTA communities, including Westwood.
At Select Board’s joint meeting with Planning Board on July 12th, Westwood’s Director of Community & Economic Development Nora Loughnane described her meeting with state officials, Town Administrator Christopher Coleman, and Town Counsel Pat Ahearn. Ms. Loughnane reported that at the meeting, state officials indicated that Westwood’s current plan with 16 acres of land dedicated to a multi-family housing district, with only a potential for expansion “if desired,” fails to achieve state compliance certification. According to Ms. Loughnane, state officials conveyed that Westwood runs the risk of losing state funding as a result.
Town Counsel Pat Ahearn advised that the Massachusetts Attorney General’s office has publicly stated that towns that do not comply with Section 3A could face prosecution for civil rights violations.
Lieutenant Governor Kim Driscoll along with DHCD officials have requested that Westwood remove the “if desired” discretionary language from Westwood’s Community Action Plan. They want Westwood to instead use wording that expresses a clear commitment that town officials will bring an article to an upcoming Town Meeting to ask that voters approve a larger MUMFROD district of at least 50 acres in size, said Ms. Loughnane.
“So, the state is essentially saying to us, swing for the fences. Don’t get a triple. Better be a home run, and fast. You’re on deck,” said Planning Board member Kate Wynn.
Ms. Loughnane noted that Westwood has been “singled-out” by the state as a town which has not complied with DHCD’s guidelines. She noted that other towns did not dispute DHCD’s guidance that “reasonable size” means 50 acres.
Planning Board Chair Ellen Larkin Rollings opined, “To me, it’s really unfortunate and quite frankly disappointing that the state has chosen to respond to Westwood’s efforts which we have made in good faith. . . . They’ve chosen to really make an example of us when we know there are other communities that are saying point-blank they’re not even going to submit an action plan.” Ms. Rollings went on to express her confidence that with further work, Westwood will have a plan that both fulfills the letter and spirit of the law.
Select Board Clerk Robert Gotti doubted the efficacy of DHCD’s approach, questioning whether the state’s demand for rigid adherence to 50 acres for a multi-family housing district best serves the goal of gaining acreage or the goal of increasing housing production. He noted that simply changing the allowable density in the MUMFROD district could result in the production of more multi-family housing without the need to dedicate as many as 50 acres in Westwood to a multi-family housing district.
If DHCD determines that Westwood’s revised Community Action Plan is acceptable, Westwood will achieve interim compliance. This means the town will be found to be taking active steps to enact a Section 3A multi-family zoning district. Interim compliance will allow Westwood to continue to be eligible for the certain state funding for the time being.
After Interim compliance, Westwood has until December 31, 2024 to apply for district compliance. Achieving district compliance means an MBTA community has shown it has a Section 3A compliant multi-family housing district in place.
Should an MBTA community fail to achieve district compliance, Section 3A states that the community will be ineligible for funding from the Housing Choice Initiative, the Local Capital Projects Fund, or the MassWorks infrastructure program.
Communities that don’t comply may also risk losing other state and federal grants where agencies seek DHCD input regarding the applicants' suitability for the grants.
Updated 7/21/2022 at 11:08 a.m.
