At Annual Town Meeting on March 23, 2024, there will be a Zoning By-law amendment to bring Westford in compliance with the new M.G.L. Ch. 40A Sec. 3A, MBTA Communities. 

What is it?  It is Westford’s proposal to comply with a State mandated law that any city or town with MBTA service, or adjacent to a city or town with MBTA service, is considered an “MBTA Community.”  Every MBTA community must have a Zoning Overlay District that allows multi-family housing by right.  The size of the overlay district is a function of the number of year-round housing units in the community at a gross density of 15 units per acre, meaning a potential for 924 units within Westford’s district.  Housing cannot be age restricted; it must be suitable for families.  Towns can require up to 10% affordable.  Mixed use is allowed but cannot be mandated.   Westford’s deadline to have a Zoning Amendment in place is December 2024.

This is purely a Zoning By-law change.  There is no requirement that any units be built, just to adopt compliant zoning. Westford is not required to provide infrastructure to make projects feasible.  Projects must comply with the Wetlands Protection Act, Non-Zoning Wetlands Bylaw, and Title 5 septic. Actual density may be less than 15 units/acre due to site constraints.

What has the Town done?  The Land Use Management Department conducted extensive public outreach to get resident opinions on multi-family housing and where this Zoning Overlay District should be located.  The Town secured State funding for consultants, including Dodson and Flinker to assist with developing design standards and proposed bylaw language.  The Town Manager appointed an advisory committee (MCMAC) comprised of a wide range of volunteers to assist the Planning Board and planning staff with developing this bylaw amendment.  There have been a series of public surveys, public forums, workshops, and joint board meetings. The Planning Board held a public hearing on the bylaw amendment. The final Overlay District is comprised of some parcels along Route 110, primarily developed but underutilized with access to public transportation and retail.   Design standards focused on sustainability, walk/bike infrastructure, and architectural design.   These parcels include a portion of Nashoba Valley Ski area, portions of both Technology Park West and East, the closed Westford Swim and Tennis Club, and the Westford Regency.  While this proposed overlay district exceeds the State’s minimum requirements, it provides the potential to develop more diversity in the type of housing available in Westford than otherwise exists today.

What happens if the Town does not adopt Zoning for a Multi-family Overlay District?  There will be severe financial consequences including a loss of eligibility for several state grants.  There could be Civil enforcement action with liability under federal and state fair housing laws.^.  As seen with the Town of Milton, the State has already demonstrated that it will hold back other funding sources.

The development of the overlay district and Zoning bylaw amendment with design standards has been a tremendous team effort between Land Use Management, several Boards and Committees, and most importantly, Town of Westford residents.   It will be presented right after lunch at Town Meeting on March 23, as Warrant Article 18.  This bylaw amendment requires a simple majority only. 

For more information, be sure to visit the Town Land Use Management website at: https://westfordma.gov/1623/MBTA-Communities-Multi-Family-Housing-By