Housing Choice Act Working Group

Eastbound train arrives in Lincoln Station.

2023 03 16 Update

Lincoln is subject to M.G.L., Chapter 40A, Section 3A (a.k.a. Housing Choice Act, Housing Choice Initiative, or MBTA Communities Act) because we have an MBTA commuter rail station. The HCAWG, comprised of representatives of multiple town boards and departments, has been meeting since the fall of 2022 to understand the implications of the Act for Lincoln.  At its March 16th meeting, HCAWG met with Utile Design to review how the state calculates “developable land” and to walk through an initial analysis of current zoning in Lincoln to begin identifying areas that might be logical places for rezoning.  As a starting point, and in compliance with the law, Utile presented high-level information about current housing density within 0.5 miles of the MBTA station. Additionally, based on ideas submitted by HCAWG members, Utile provided an initial analysis of current housing density 0.5 mile from the MBTA bus stop on Hanscom Drive and in other areas of town where there is currently multi-family housing. 

It is important to remember that the Housing Choice Act’s goal is to create transit-oriented zoning areas where multi-family housing is allowed “by right.” 

Also at the meeting, the group discussed the clarifying guidance issued by the Attorney General on March 15th.  Her statement makes it clear that the law makes compliance mandatory, and that towns may be subject to litigation:

“All MBTA Communities must comply with the Law. Communities that do not currently have a compliant multi-family zoning district must take steps outlined in the DHCD guidelines to demonstrate interim compliance. Communities that fail to comply with the Law may be subject to civil enforcement action. Non-compliant MBTA Communities are also subject to the administrative consequence of being rendered ineligible to receive certain forms of state funding.Importantly, MBTA Communities cannot avoid their obligations under the Law by foregoing this funding. The Law requires that MBTA Communities “shall have” a compliant zoning district and does not provide any mechanism by which a town or city may opt out of this requirement.”

Next Steps:  

April 2023: HCAWG members will submit ideas and questions to Utile to further refine ideas about zoning areas’ boundaries and locations. The group will continue to consider different ways to create proposals regarding possible locations, sizes, and density of new zoning districts, and the zoning amendments that the town needs to approve to comply with the Housing Choice Act.  Later this spring, the HCAWG will hold a public forum to present work to date and to gather questions and ideas from the community. We look forward to a robust conversation with residents!

Spring – Fall 2023: Community engagement.

March 2024:  Town Meeting vote on proposed zoning bylaw(s)

2023 02 07 Update

At its February 7th HCAWG meeting, Paula Vaughn-MacKenzie, Director of Planning and Land Use, announced that Lincoln has been granted “interim compliance” with the Housing Choice Act (HCA).  The Town is in compliance because our Action Plan and timetable, which were submitted to the Department of Housing & Community Development (DHCD) in December, were approved on January 27, 2023. Interim compliance remains in effect until December 31, 2024, by which time compliance will require a Town Meeting approved zoning bylaw that meets the requirements of the HCA. 

The goal of the Housing Choice Act (M. G. L. c 40 A, Section 3A) is for MBTA communities like Lincoln to approve zoning bylaws that help meet the State’s high demand for housing in a manner that promotes the use of public transit.  As of February 8, 2023, almost all the 175 MBTA communities have submitted action plans.  Want to read them?  Visit https://www.mass.gov/doc/submitted-section-3a-action-plans/download.

Next Steps

To help us develop zoning proposals that will meet the HCA requirements, Lincoln received a $20,000 grant from Mass Housing Partnership. This grant will cover the costs of a consultant to work with the Housing Choice Act Working Group to create a map of possible locations in Lincoln that could serve as viable options for rezoning that is consistent with the requirements of the Act.  

During the next year and a half, the Working Group will consider different ways to create a zoning bylaw that complies with the Act, present options to the community, and partner with residents to shape and refine a final proposal.  Ultimately, it will be up to Lincoln voters at the March 2024 Town Meeting to decide whether to adopt a Housing Choice Act zoning bylaw.

2023 01 03 Update

The Housing Choice Act Working Group (HCAWG) is a group of residents representing a range of boards and committees who, along with members of our town professional team, were brought together by the Select Board to study the state’s 2021 Housing Choice Act. Our mission is to understand the Act’s implications for Lincoln, draft pathways to compliance, and engage with residents. Our work together began this past fall and will likely continue through the end of 2024.  The goal of the Housing Choice Act is for towns and cities to approve zoning bylaws that help the state meet the high demand for housing. During the next year and a half, the HCAWG will develop different ways to create a zoning bylaw that complies with the Act, present options to the community, and partner with residents to shape and refine a final proposal. Ultimately, it will be up to Lincoln voters at the March 2024 Town Meeting to decide whether to adopt a Housing Choice Act zoning bylaw.

To help engage with the community, the Working Group formed a communications team.  Information will be sent out on a regular basis via LincolnTalk and posted on the this webpage. This set of FAQs is the first of many updates we will be providing to residents.

We look forward to the coming conversations!

-       The communications team (Kathy Shepard, Gary Taylor, and Jennifer Glass)

FAQs - updated March 18, 2023

What is the “Housing Choice Initiative/Act,” “MBTA Communities Act,” or “section 3A”?

In 2021, to address the scarcity and high cost of housing in Massachusetts, the state created a new section of the State Zoning Act (G.L. c 40A, § 3A) to support the goal of producing 200,000 homes needed to meet the Commonwealth’s housing demand. Part of the act requires the 175 communities served by the MBTA and Commuter Rail (“MBTA Communities”) to zone for at least one district where multifamily housing is permitted “as of right.” Failure to comply makes the town ineligible for a variety of housing, infrastructure, and development grants, and exposes the town to litigation. 

On March 15, 2023, the Attorney General issued clarifying guidance regarding compliance1:

“All MBTA Communities must comply with the Law. Communities that do not currently have a compliant multi-family zoning district must take steps outlined in the DHCD guidelines to demonstrate interim compliance. Communities that fail to comply with the Law may be subject to civil enforcement action. Non-compliant MBTA Communities are also subject to the administrative consequence of being rendered ineligible to receive certain forms of state funding.Importantly, MBTA Communities cannot avoid their obligations under the Law by foregoing this funding. The Law requires that MBTA Communities “shall have” a compliant zoning district and does not provide any mechanism by which a town or city may opt out of this requirement.”

What does this mean for Lincoln? 

Lincoln is designated as a commuter rail community, and the rules state that to comply with the law, we must have zoning bylaws that meet the following requirements:

  • At least one zoning district must permit “multifamily housing” uses “as of right.” (“As of right” means that provided site plan requirements are met, the use is allowed. Boards can shape the project but cannot deny permission. Every zoning district must have at least one “by right” use.)
  • The multifamily district(s) must be of a “reasonable size” and must allow a minimum gross density of 15 units per acre. In Lincoln, we need to create a zone or zones that add up to at least 42 acres.
  • The multifamily housing must have no age restrictions and must be suitable for families with children. In Lincoln, at least 20% of the 42 acres must be located within ½ mile of the commuter rail station. 

How is Lincoln meeting the requirements needed to comply? 

  • To comply with the specific statutory requirements of the new legislation, Lincoln has established a Housing Choice Act Working Group (HCAWG) by vote of the Select Board. Its members are:  
    • Michelle Barnes, Lincoln Land Conservation Trust
    • Abigail Butt, Director, Council on Aging & Human Services
    • Bill Churchill, Zoning Board of Appeals
    • Rachel Drew, Housing Commission
    • Bob Domnitz, Planning Board (until end of March 2023)
    • Steve Gladstone, Water Commission (beginning April 2023)
    • Andrew Glass, Historical Commission
    • Jennifer Glass, Select Board
    • Tim Higgins, Town Administrator
    • Darin LaFalam, Superintendent, Water Department
    • John MacLachlan, School Committee
    • Geoff McGean, Rural Land Foundation
    • Terry Perlmutter, Council on Aging & Human Services Board
    • Kathleen Shepard, Conservation Commission
    • Gary Taylor, Planning Board
    • Paula Vaughn MacKenzie, Director, Planning and Land Use.  
  • The HCAWG is meeting monthly and will develop zoning proposals regarding possible locations, sizes, and density of new zoning districts, and the zoning amendments that would need to be made.
  • The HCAWG is committed to robust and frequent engagement with the community and will use a variety of outreach methods to communicate with residents.

What is the timeline for creating a bylaw to establish a new zoning district?

  • January 2023:  Deadline for submitting an Action Plan and Action Plan Timeline to the Department of Housing & Community Development (DHCD).  Lincoln submitted the Action Plan in December 2022. 
  • February 2023 – March 2024: 
    • HCAWG and Planning Board develop zoning proposal(s)
    • Public engagement
    • Planning Board and multi-board hearings
  • March 2024:  Vote on Zoning proposal at Annual Town Meeting. The decision to adopt a bylaw rests with voters! The new zoning requires a simple majority of those present at Town Meeting.
  • December 2024: Submit Town Meeting-approved zoning bylaw to DHCD for final compliance.

To assist with developing the zoning district(s), Lincoln has been awarded a $20,000 grant from the Mass Housing Partnership for a 3 - 4 month project to be completed no later than June 30, 2023. The money will be used for technical assistance to do the modeling of the various proposed district areas that will be brought to the community for consideration.

Why comply?

  • Community Goals:  Residents have repeatedly expressed support for ensuring a range of housing options in Lincoln. The Housing Choice Act can be a tool to shape future housing development around mass transit in ways that balance housing with other stated community values such as environmental and land stewardship, and support for our local businesses.
  • Fiscal Responsibility:  Compliance ensures that the town remains eligible for multiple state funding opportunities such as the MassWorks program and the Housing Choice Grant program. For example, MassWorks offers grants of up to several million dollars for projects focused on: drinking water and wastewater; bicycle, pedestrian, and roadway infrastructure; and housing and economic development. (Visit https://www.mass.gov/guides/community-one-stop-for-growth, https://www.mass.gov/orgs/massworks, and https://www.mass.gov/how-to/housing-choice-grant-program for more information.) 

What’s Next?

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Overview of Section 3A of the Zoning Act

Section 18 of chapter 358 of the Acts of 2020 added a new section 3A to chapter 40A of the General Laws applicable to MBTA communities and provides:

An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children.  For purposes of this section, a district of reasonable size shall:  (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.

The Department of Housing and Community Development, in consultation with the MBTA, is required to promulgate guidelines to determine if an MBTA community is in compliance with Section 3A.  DHCD promulgated preliminary guidance on January 29, 2021 and updated the guidance on December 15, 2021.  

DHCD Preliminary Guidance on MBTA Communities.  Click here.  For the updated Guidance click here.

On January 31, 2022, at a joint Select Board/Planning Board/SLPAC meeting, there was a briefing of the Housing Choice Legislation applicable to MBTA communities and the DHCD updated Guidelines.  For the power point deck used at the meeting, please click here.