The MBTA Communities Act in Carver

August 12, 2025

Will Rhatigan

Citizens’ Housing and Planning Association

What is the MBTA Communities Act? (Section 3A)

The MBTA Communities Act was signed

into law by Charlie Baker in 2021

• Part of Economic Development Bill passed nearly unanimously by State Legislature in 2020

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• Requires communities near MBTA transit to reform their zoning codes to create an area where property owners can choose to build multifamily housing

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• Enables communities to choose where to allow multifamily housing

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• Cuts regulations and red tape to encourage middle-class housing

Background: Why Was the MBTA Communities Act Passed?

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• Starting FY 2025 salary for Carver Teacher: $51,000
• Income required to afford median Carver $580,000 home:

$145,000

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Sources: Zillow Home Value Index, Carver School District Collective Bargaining Agreement

Background: Housing unaffordability is driving working age people out of Massachusetts

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• 25-44 year-olds are leaving MA faster than any other group
• 1 in 4 young people plan to leave Greater Boston in the next 5 years*
• Cost of rent, job availability and the ability to buy a home were listed as the top reasons*

*2023 Greater Boston Chamber of Commerce Youth Survey

But why has housing in Massachusetts become so expensive?

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• Supply < Demand
• Skyrocketing housing costs reflect decades of underproduction
• Shortage of more affordable, multi family homes is especially severe

Source: Massachusetts Housing Partnership Center for Housing Data

How can zoning affect home production?�

Zoning is the set of rules that determines how property owners can use their land. This includes

• Shape (height and size) of buildings
• Distance between buildings and other land uses
• What the land can be used for (residential, commercial, open space)

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Right now, property owners are permitted to construct buildings that include four or more homes on only four percent of the land in Massachusetts.

• This pushes out people who can’t afford a single-family home as well as people who want to live in multifamily housing, like retirees trying to downsize or young couples and single people

Nothing can be built without zoning that allows for it

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How does the law ask Carver to reform zoning?

• Carver must designate at least roughly 16 acres where property owners will be permitted to build multifamily housing at 15 homes per acre
• Multifamily district can be anywhere in town, except
• Publicly, educationally, or institutionally-owned land (except with permission)
• Wetland resource areas, rivers, and streams
• Protected conservation land
• Zoning change does not force owners to build or to change existing land use; simply gives owners the option to build multifamily

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How Can Carver shape potential development?

Town can regulate:

• Maximum heights
• Minimum setbacks from roadways
• Open space or lot coverage requirements
• Screening and landscaping requirements
• Parking requirements
• Basic architectural design guidelines
• Can require up to 10% of homes in buildings to be affordable to people making 80% of Area Median Income or less ($72,000)

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Cannot exclude families and workers with age requirements

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The Goal of 15 Homes Per Acre: Missing Middle Housing�

Missing Middle Housing = modest, gentle density housing options that fall between single-family homes and mid-rise apartment building�

What does 15 units per acre look like near Carver?�

6 Ladd Avenue, Wareham

Units: 2

Parcel Acreage: 0.11

Density: 17.7 units per acre

1 Sever St., Plymouth

Units: 3

Parcel Acreage: 0.18

Density: 16.8 units per acre

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What does 15 units per acre look like near Carver?�

40 School St., Middleborough

Units: 7

Parcel Acreage: 0.32

Density: 21.6 units per acre

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3 Second Brook St., Kingston

Units: 12

Parcel Acreage: 0.85

Density: 14.1 units per acre

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What does 15 units per acre look like on larger lots?�

Units: 88

Parcel Acreage: 4.92

Density: 18 units/acre

Units: 10

Parcel Acreage: 0.63

Density: 16 units/acre

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Who Does Missing Middle Housing Serve?

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Missing middle creates options for middle-income people, and those who don’t want to live in single-family homes

How could this affect school enrollment?�

• Carver is facing declining school enrollment
• Residents of multifamily housing are less likely to have school-aged children than residents of single-family homes
• New housing development is unlikely to reverse decline

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How could this impact Carver’s sewer and water responsibilities?�

• Municipalities have no obligation to provide sewer and water to new developments.
• Multifamily developers can and must build their own septic systems if public sewer/water is not available
• Property owners can only build multifamily if they can figure out a sewer and water plan that meets all state and local requirements, at their own expense

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How could this impact municipal finances?�

• Mansfield, Medfield, Milton, and West Newbury have all commissioned fiscal impact analyses for the MBTA Communities Act.
• Costs:
• Municipal staffing costs
• Public school costs
• Police and fire costs
• Costs from other departments
• Revenues:
• Property taxes
• Vehicle Excise taxes

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• All studies have found revenues from new multifamily housing would exceed service costs

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What are some next steps towards compliance?

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• Hold public information sessions to gather feedback on district locations & bylaw details
• Finalize district locations & bylaw, and submit to state officials for pre-review
• Maximize outreach before town meeting
• Q & A sessions
• Public information via website, mailers, & social media
• In-person engagement at community events
• Office hours for community member questions

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How have legal cases affected compliance requirements?

Milton vs. Attorney General

• Attorney General sued when Milton voted against compliance
• Supreme Judicial Court ruled that 3A is constitutional and mandatory for all MBTA Communities
• State reissued compliance guidelines as regulations

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Duxbury et. al vs. Commonwealth of Massachusetts

• Duxbury and 8 other communities sued for exemption to 3A based on argument that it could be an “unfunded mandate.”
• Court ruled that 3A is not an unfunded mandate, and all MBTA Communities are required to comply

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What happens if Carver does not adopt a multifamily district?

• Carver would lose eligibility for 17 state grants funding:
• Community planning
• Road, sidewalk, and transportation projects
• Land conservation and flood resilience
• Economic development
• Attorney General’s Office will bring enforcement lawsuits after January 1, 2026 that could result in loss of local zoning control. Remedies may include:

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• Escalating fines and fees
• Court-appointed “special master” to create compliant zoning district
• Ban on denying permit applications for multifamily housing until compliant zoning is in place

How Can We Make Homes More Affordable? Build New Homes.

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• Example: In 2020, new car production nearly ceased during COVID pandemic
• Used car prices skyrocketed, and we’re still waiting for them to come back down
• Similarly, the shortage of new homes pushes up the prices of older homes that we’d hope would be affordable
• While new homes are often more expensive than we’d hope, they take pressure off prices for older homes

School Impacts Case Study: Mansfield

JM Goldson & Co, 2024

Municipal Finance Case Study: Mansfield

JM Goldson & Co, 2024