Below is an email sent by DHCD to municipalities and the MMLA regarding an update on the implementation of Section 3A of the Zoning Act relative to MBTA Community Zoning requirements:

Dear MBTA Community stakeholders: 
The Section 3A/MBTA Communities team is pleased to announce the following updates in Section 3A implementation:

New Funding for MBTA Communities Compliance Activities
On Tuesday 5/9/2023, the Healey-Driscoll Administration announced the availability of additional funding for municipalities across the Commonwealth to support community planning and engagement efforts geared towards increasing the production of housing.  Section 3A compliance activities are eligible for the funding.  Applications are available through the Community One Stop for Growth program, which is open through June 2, 2023, at www.mass.gov/onestop.  These "early action" grants will be announced in mid -June and municipalities must be able to execute a contract by June 30, 2023.  This funding opportunity is a chance to secure funding for completing an economic feasibility analysis with a start date of July 1, 2023. Get more information about this opportunity at: https://www.mass.gov/how-to/community-planning-grant-program

Sample Zoning
A sample zoning bylaw/ordinance is now available on the Section 3A website under “Resources for MBTA Communities”.  This sample zoning sets forth a framework for developing a local zoning overlay district to comply with Section 3A. It is complete with commentary to help practitioners work through the requirements of Section 3A and the suggestions contained in the sample. 

Inclusionary Zoning Guidance/Economic Feasibility Analysis Details
MBTA communities with inclusionary zoning requirements that require an economic feasibility analysis may now find details, instructions, and forms for conducting and submitting the analysis.  The materials are available on the Section 3A website under “Resources for MBTA Communities”. The release of this information means that all MBTA communities can submit a district compliance application. 

Pre-adoption Review Application
MBTA Communities seeking assurance that proposed zoning will meet Section 3A requirements before bringing that zoning to a local legislative session may now submit a “Pre-adoption Review Application”.  This application is an option, not a requirement, and it is available on the Section 3A website under “District Compliance”. Please be advised that pre-adoption review applications must be submitted at least 90 days prior to a local legislative session to allow for a timely DHCD review.

Updated Compliance Model
An updated version of the Section 3A Compliance Model is now available Section 3A website under “Compliance Model”. Those working in or with communities on compliance model activities should download and use the latest version.  Detailed release notes on the revisions to the model are also available on the website. 
Please do not hesitate to reach out with any questions about Section 3A. There is also a dedicated email address for technical questions: DHCD3A@mass.gov. Thank you for your continued hard work and partnership in implementing this important zoning reform. 

Sincerely,
Nathan Carlucci
MBTA Communities Compliance Coordinator (he - him)
Department of Housing & Community Development
Department of Housing & Community Development
nathan.carlucci@mass.gov

On Friday, April 28, 2023, MMLA submitted comment to the Cannabis Control Commission regarding potential new regulation under Chapter 180 of the Acts of 2022, an Act Relative to Equity in the Cannabis Industry. MMLA submitted comment to three different Commission Working Groups: (1) the Host Community Agreement Working Group; (2) the Municipal Equity Working Group; and (3) the Social Consumption Working Group. 

A copy of MMLA's letter can be viewed here.

Didn't get a chance to attend our program on April 4th? Access a copy of the materials below.

Presentation

Scenarios

Good afternoon MMLA Members –

Moments ago, Gov. Maura Healey signed into law a FY23 supplemental budget package (becoming Chapter 2 of the Acts of 2023) that includes an extension of certain COVID-19 relief measures including authority for public bodies, agencies and commissions, as well as Town Meetings, to hold meetings remotely until March 31, 2025, which is currently set to expire at the end of this month.  As previously reported, an emergency preamble was added the bill prior to its enactment in each branch which gives immediate effect to its provisions.

A copy of the signed parchment is available here for your reference.

MMLA has been actively involved throughout the legislative process advocating for these changes including most recently outreach to the Governor’s office.    Thanks to our Legislative Chair and all of you who contacted your legislators and the Governor’s office urging support of these critically important measures.

Onward and upward!

Matthew G. Feher, Esq.President
Massachusetts Municipal Lawyers Association, Inc.

MMLA Members,

We are pleased to report that competing House and Senate FY23 Supplement Budget packages were negotiated pre-conference, and the agreed-upon bill was enacted and sent to the Governor for signature on Thursday, March 23rd.  The bill before the Governor includes the language contained in each branch’s competing packages that would extend certain COVID-19 relief measures including extension of authority for public bodies, agencies and commissions, as well as Town Meetings, to hold meetings remotely until March 31, 2025, which is currently set to expire at the end of this month.  An emergency preamble was also added the bill prior to its enactment which gives immediate effect to its provisions once approved by the Governor.  The Governor has 10 days to sign the bill, veto the bill or allow the bill to become law without her signature.

The MMLA was actively involved in promoting these provisions of the bill and I refer you to our prior letters to legislative leadership attached to prior updates and on our website.  We encourage all to reach out to the Governor’s office to express support of these important provisions.

We will continue to keep you updated in real time.

Thanks again and be well,

Matthew G. Feher, Esq.
President
Massachusetts Municipal Lawyers Association, Inc.

Advisory Concerning Enforcement of the MBTA Communities Zoning Law The Office of the Attorney General is issuing this Advisory to assist cities, towns, and residents in understanding the requirements imposed by the MBTA Communities Zoning Law (G.L. c. 40A, § 3A) (the “Law”). The Law was enacted to address the Commonwealth’s acute need for housing by facilitating the development of transit-oriented, multifamily housing. By any measure, Massachusetts is in a housing crisis that is inflicting unacceptable economic, social, and environmental harms across our state – particularly on working families and people of color. The Law directly responds to this crisis by implementing zoning reforms that require MBTA Communities to permit reasonable levels of multifamily housing development near transit stations.  

For the full text of the Advisory,  click on the following link:

https://www.massmunilaw.org/resources/Documents/MBTA%20Communities%20Advisory%20FINAL.pdf

Access the recording and PowerPoint from the presentation on March 2, 2022 here.