MBTA Community Zoning

Wellesley is compliant with the MBTA Communities Law. See letter from the Executive Office of Housing + Livable Communities here. The MBTA Communities Act was adopted and signed into law in January 2021 as part of legislation to strengthen the State's economy. The law modifies MGL Chapter 40A (Zoning Act) to add a new provision under Section 3A – referred to as the MBTA Communities Zoning Law – that requires communities with access to MBTA amenities such as Commuter Rail, Rapid Transit Subway, Ferry or Bus service to provide zoning within ½ mile of a station area. The law applies to all 177 cities and towns (excluding Boston) that have MBTA amenities or are adjacent to cities and towns with MBTA amenities. These cities and towns are designated as ‘MBTA Communities’. Wellesley, with 3 Commuter Rail stops, is designated as a “Commuter Rail Community.” 

The law aims to address Massachusetts’ housing shortage by requiring all MBTA Communities to change zoning regulations around their local transit stations to allow multifamily housing by-right. This does not guarantee that housing will be produced. However, through zoning, a theoretical capacity of units must be achieved within 0.5 miles of an MBTA station. The law’s statute outlines three critical components to the zoning changes:

• 1. Minimum gross density of 15 units per acre
• 2. Located not more than 0.5 miles from a commuter rail station, subway station, or ferry terminal, if applicable
• 3. No age restrictions and suitable for families with children

Wellesley's Obligation

Wellesley’s obligation was to have zoning for 1,392 units, of which 90% of those units must be located within a ½ mile of the transit area. Wellesley’s minimum land area for zoning must also equate to 50 acres.