By MARK SARDELLA
WAKEFIELD – While acknowledging a level of community opposition to the state’s MBTA multifamily housing mandate, Town Councilors made it clear last night that they will leave no stone unturned in their effort to persuade residents to support the town’s latest plan to comply with Massachusetts General Laws Chapter 40A.
The town has until Dec. 31 to submit an acceptable compliance plan to the state. That means that the newly created plan will go before voters at the Nov. 16 Regular Town Meeting.
Section 3A of MGL Chapter 40A requires MBTA communities to have a zoning district near public transit where multi-family housing is permitted “as of right.” Under the law, Wakefield is classified as an MBTA commuter rail Community and would be required to create a compliant district within a half mile of commuter rail stations.
The state has said that communities that do not comply will be ineligible for certain state grants. The Attorney General has also threatened legal action against communities that do not comply.
After last spring’s Town Meeting rejected three different compliance options, of which two were developed by the Planning Board, the Town Council formed its own 40A Subcommittee to create a new compliance plan that they hope will be palatable to residents and fall Town Meeting voters. The subcommittee has held multiple open meetings and two public forums since the summer. With the support of Senior Town Planner Samantha Elliott, the subcommittee has come up with a compliance plan in the form of a proposed zoning bylaw.
At last night’s meeting, Elliott reviewed the proposed new bylaw/compliance plan. She explained that Wakefield’s plan needs to have a minimum of 36 acres and 1,696 potential units. Seventy-five percent of the district must be near a train station. Up to 25 percent can be away from transit, which is why an already developed area of Audubon Road was included.
The other areas included in the proposed district are North Avenue, Foundry Street, Albion Street and areas of Greenwood near the train station.
The latest plan aims to avoid low-density residential neighborhoods and overlay the compliance district over certain commercial and already developed areas, like North Avenue and Foundry Street. Under the law, there is potential for many more units to be built in those districts. However, town officials believe those units are unlikely to be built since the areas are already developed. The expectation is that the town gets credit for the potential units toward compliance, but the actual effect on the character of the neighborhoods would be minimal.
Elliott broke down each distinct area of the proposed district, listing the number of housing units already in each district and number of potential units that the town would get credit for toward compliance.
Town Councilor Jonathan Chines asked if the new plan had been vetted by the state.
Elliott said that the new plan used the same basic foundation as the previous plans, adding that the new plan had been reviewed by a consultant retained by the town. She said that she had a high level of confidence that the plan would pass muster with the state.
In response to a question from Councilor Robert Vincent, Elliott noted that the new plan has a 10 percent affordability component, which the previous compliance plans did not include.
Town Councilor Douglas Butler stressed that most of the “potential” new units contemplated in the plan would likely never be built. He said that the creators of the new plan did “a great job protecting the neighborhoods.”
Councilor Mehreen Butt noted that there were just five weeks until Town Meeting. She wanted to know what the plan was to sell the new compliance model/bylaw to the public.
Town Administrator Stephen P. Maio replied that, since the new plan is a proposed zoning bylaw, the Planning Board will have to hold a public hearing. He added that more public forums are possible and the town plans to use social media to promote the plan. In addition, every property owner in the proposed district will be notified by postcard or flyer.
Butt said that she was strongly in favor of the new plan.
“We need more housing,” she said. “I want to make sure we are proactive in explaining this.”
McLane pointed out that much more outreach was done for the current plan than was done for the previous plans. It was noted that maps of proposed districts will be published on the town’s website and in the Daily Item.
Chines said that he was excited about the mixed use and affordability components of the plan, but called including Audubon Road, which is remote from any transit, “cynical.”
McLane disagreed, noting the law specifically allows up to 25 percent of the district to be away from transit. “I don’t think it’s cynical if it’s compliance,” he said.
Chines said that he supported the new plan because “noncompliance is not an option” if the town wants to preserve its ability to secure state grants. The consequences of not complying, he insisted, “would be disastrous.”
Butler said that it was important to convince people that the plan will not add a ton of new housing units.
“This will maintain Wakefield as it is and still allow us to participate in grant programs,” he said.
Vincent agreed. “It’s not going to lead to a whole lot of new housing,” he said. “Obviously, we have to comply.” He added that the town can’t afford to lose educational grants.
Maio noted that new language in certain state education grants requires compliance with the Chapter 40A multifamily housing law.
The Town Council voted 5-0 to refer the new bylaw to the Planning Board for the required public hearing.
