MBTA 3A FAQ

What is "3A"? 

“3A” is short for MBTA 3A. Massachusetts General Law Part 1, Title VII, Chapter 40A, Section 3A, also known as the MBTA Communities law, was adopted in January of 2021. It states that an MBTA Community shall create at least one zoning district in which high-density multi-family housing is permitted "as of right." 

What does 3A Require? 

The law mandates that MBTA Communities must draft, vote on, accept, and implement new 3A compliant zoning district(s) within their town. 

What is a 3A Compliant Zoning District? 

A local zoning district whose rules are set by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC). Once a town has created the zoning district, the EOHLC is free to modify the rules governing the local zone at any time. 

What does "as of right" mean? 

"As-of-right" means development must proceed under a zoning bylaw without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. The town government, the town’s residents are forbidden to provide discretion, consent or control over building and residential development within the zone. The zoning rules within the district will be under the authority of the Massachusetts EOHLC. 

What are the requirements within a 3A Zoning District? 

▪ Minimum gross density of 15 units per acre; No maximum density. 

▪ Located not more than 0.5 miles from an MBTA station. 

▪ Not required to be affordable housing. 

▪ No age restrictions. 

▪ Must be suitable for families with children. 

▪ No limit on number of bedrooms. 

▪ No limit on number of occupants. 

▪ No limit on building size. 

What is an MBTA Community? 

Massachusetts has identified four community categories: 

▪ MBTA Rapid Transit: municipalities with a T Station 

▪ MBTA Commuter Rail: municipalities with an MBTA Commuter Rail station

▪ Adjacent Community: municipalities adjacent to Commuter Rail communities 

▪ Adjacent Small Town: adjacent communities with small populations. 

▪ Hamilton and Wenham have each been designated as Commuter Rail Communities. 

What has Massachusetts EOHLC mandated for Hamilton-Wenham? 

Hamilton must create a minimum 49-acre 3A zone for 731 additional high-density housing units. Wenham must create a minimum 24-acre 3A zone for 365 additional high-density housing units. 

This would be a 25% increase in the quantity of housing units within each town. This is the highest category of housing increase in the entire state, equal to Massachusetts Rapid Transit Communities like Lynn or Somerville.

Wenham and Hamilton are two of the smallest MBTA communities in size; yet we have been selected for the largest increase in housing. 

3A is not... 

...Either of the towns Master Plans which do not require 3A. Downtown Revitalizations or commercial zoning do not require 3A. Form Based Code does not require 3A. New consolidated or refurbished elementary school (s) within HWRSD do not require 3A.