By DAN TOMASELLO
LYNNFIELD — The MBTA Zoning Committee is looking to select an overlay district for the state-mandated multifamily zoning requirements law during its next meeting on Wednesday, Sept. 18.
Former Gov. Charlie Baker signed an economic development bill into law in February 2021 that amended the Zoning Act by requiring MBTA Communities to have at least one zoning district of reasonable size in which multifamily housing is permitted as of right. While the town does not have an MBTA station, the law classifies Lynnfield as an “MBTA adjacent community” because the town borders municipalities with MBTA stations such as Lynn, Reading and Wakefield.
Lynnfield, which is currently classified as being in “interim compliance,” is facing a Dec. 31 deadline to adopt a multifamily zoning district in order to comply with the MBTA Communities law. Fall Town Meeting will be voting on the proposed overlay zoning district that is selected in November. The Select Board has yet to vote on moving Fall Town Meeting from October to November.
The MBTA Zoning Committee unanimously voted last month to narrow the potential overlay districts to MarketStreet Apartments; the Michael’s Landing apartment complex and adjacent businesses on Route 1 South; and the Lynnfield Commons apartments complex and the three car dealerships on Route 1 North.
Barrett Consulting Group senior planner Sarah Maren, who is providing technical assistance to the MBTA Zoning Committee after the town was awarded a state grant, said during a Sept. 5 meeting that the overlay zoning district could be separated into different areas. However, she said one area has to be at least 20 acres.
“It is perfectly fine for it to be split up into multiple pieces, but there does have to be at least one contiguous 20-acre area,” said Maren.
Maren also said an overlay district can be placed over MarketStreet Apartments even though the complex is part of a Chapter 40R District.
“That is possible, but the only caveat if you want to go that route is you have to contact the 40R folks at the state level to let them know,” said Maren.
As part of the process for selecting an MBTA Communities overlay zoning district, Maren has been using the state’s Excel workbook software to confirm that the potential sites comply with the state’s requirement that the selected zoning district for the town must be 40 acres in size and be able to accommodate 607 units. She said other communities are using the software as well.
MBTA Zoning Committee member/Planning Board Vice Chair Kate Flaws proposed that Maren run compliance models for MarketStreet Apartments, Michael’s Landing and Lynnfield Commons because those apartment complexes are “already built.” She also proposed running compliance models for the Herb Chambers and Kelly Automotive dealerships that are near Lynnfield Commons on Route 1 North and the area abutting Michael’s Landing on Route 1 South.
“We should see what it looks like,” said Flaws.
Planning and Conservation Director Emilie Cademartori informed the Villager that there are 200 units at Lynnfield Commons, 180 units at MarketStreet Apartments and 68 units at Michael’s Landing.
MBTA Zoning Committee Chair Page Wilkins, who is also chair of the Planning Board, said during the meeting that MarketStreet is “very much willing to help us.”
While Wilkins said MarketStreet is open to the overlay district proposal, MBTA Zoning Committee member Anthony Moccia said he is “nervous about keeping MarketStreet in the mix” because he is concerned that National Development will not approve the request “quickly.”
“It might be a pipe dream in terms of timing,” said Moccia, who is also the chair of the Zoning Board of Appeals. “The developer has a long-standing relationship with the town and I appreciate that. I just know that if we need consent, we don’t know how long that is going to take.”
MBTA Zoning Committee member/Select Board Chair Dick Dalton said he has the same concerns as Moccia.
“We have other things going on in town that impact this whole thing,” said Dalton.
Cademartori said potentially adding an overlay district onto MarketStreet Apartments is “not adding any restrictions.”
Maren said “it is fine to have both scenarios on the table” for the time being.
“I don’t think it is a difficult pivot because it is the same three sites, but we are just shifting them around a little,” said Maren.
Cademartori proposed that Maren run two separate compliance models, one of which will include MarketStreet Apartments and the other will not. The MBTA Zoning Committee supported her suggestion.
In response to a question from Wilkins, Maren said she can have the compliance models completed by the end of this week.
Wilkins said the MBTA Zoning Committee will be selecting the overlay district on Wednesday, Sept. 18. She asked Maren if the zoning language can be finalized by the end of September, which she said would allow the committee to begin undertaking public engagement in October.
“That should be doable on our end,” said Maren.
The MBTA Zoning Committee’s next meeting will take place on Wednesday, Sept. 18, beginning at 7 p.m. in the Al Merritt Media and Cultural Center. In addition to selecting an overlay district, the MBTA Zoning Committee will be inviting the Finance Committee to the meeting in order to provide feedback.
Attorney General Andrea Campbell, who is currently suing the town of Milton for not complying with the MBTA Communities law, recently shared a link to a CommonWealth Beacon story about Winthrop’s growing opposition to the law on X, formerly known as Twitter.
“A few reminders from your friendly Attorney General: 1.) The MBTA Communities law is a critical tool in solving our state’s housing crisis. 2.) Compliance with our laws isn’t optional. 3.) The majority of communities are taking steps to come into compliance,” Campbell tweeted.