Town Legally Complies with all Statutory Requirements
MIDDLEBOROUGH – The following is a joint statement from Middleborough Town Manager James McGrail and Town Planner Leeann Bradley:
“As a result of Middleborough’s concerted efforts to provide affordable housing options within one-half mile of the Middleborough Commuter Rail Station, the Town is currently in full legal compliance with all statutory requirements pertaining to MGL Ch. 40A, Section 3A (MBTA Communities Multi-Family Zoning).
“The statute requires that MBTA communities adopt a zoning bylaw that provides for at least one (1) district of reasonable size in which multi-family housing is permitted as-of-right. Moreover, such bylaw shall be without age restrictions and shall be suitable for families with children. A district of reasonable size shall have a minimum density of 15 units per acre and be located not more than one-half mile from the commuter rail station. The Town of Middleborough has met every one of these requirements.
“During Middleborough’s Special Town Meeting in October 2021, residents voted to adopt a 40R Smart Growth Bylaw, which created two (2) reasonably sized sub-districts within one-half mile of the commuter rail station, which allow for a gross density of 16 units per acre. The 40R Bylaw does not restrict age nor does it restrict the number of bedrooms allowed within any unit. The two sub-districts created consist of the Middleborough Train Station sub-district directly abutting the commuter rail station, which allows for a density of 20 units per acre. The John Glass Square sub-district within one-half mile of the commuter rail station and at the base of our historic downtown allows for a density of 12 units per acre. The average density of the two districts amounts to 16 units per acre. The Attorney General’s (AG) Office and the Department of Housing and Community Development (DHCD) have approved the bylaw and sub-districts. Again, the Town has fully complied with the letter of the law.
“The Town fully recognizes the need for affordable housing within the Commonwealth. However, there is a fatal flaw within the statute. Ch. 40A, Sec. 3A and its guidelines do not require any MBTA Communities to provide for affordable housing within its as-of-right multi-family zoning. Middleborough has gone over and above said mandate by adopting their 40R Bylaw prior to the issuance of guidelines. Therefore, we are able to require that 25% of rental units and 20% of ownership units be offered as affordable units.
“We are continuously striving to provide true affordable housing to those who reside in Middleborough and for those who one day wish to call Middleborough their home. We have a firsthand understanding there is a dire need for affordable housing as, per the American Community Survey (ACS) census data, Middleborough has consistently been below the County and State when it comes to household median income from 2000 – 2021. “
Added Middleborough Select Board Chair Mark A. Germain: “The Town of Middleborough is fully in compliance with state law regarding multi-family zoning near MBTA stations, and we have long endeavored to ensure equal access to high-quality affordable housing near public transit. We disagree with any assertion to the contrary.”
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