MBTA zoning law subject of multiple amendments in Senate

The budget fight due to take place in the senate this week will apparently include at least particular discussion about revisiting the MBTA zoning law which has caused no small amount of trouble for a number of Bay State municipalities in fresh months The fiscal senate budget proposal includes hundreds of amendments and certain are aimed at helping cities and towns deal with the impacts of a law that senate Minority Leader Bruce Tarr noted is with us to stay We are trying to find a compromise we are trying to find certain middle ground here Tarr described the Herald We are trying to spend less time and fewer guidance and less capacity on confrontation and litigation and vilification of our communities and more time creating paths to build housing An amendment to the state budget offered by upper-chamber Republicans aims to help the Legislature understand the impacts of the MBTA communities law also known as Section A of the Zoning Act which requires towns and cities serviced by the state s populace transportation system to provide multifamily zoning somewhere in the area The proposed rule change would require that every three years the Executive Office of Housing and Livable Communities scrutiny analyze and make determinations on the number of homes produced under the law the effects on municipal water supplies wastewater medication and transportation infrastructure of such units and the impacts of increased housing stock on local school districts Another Republican proposal offered as more than one amendment would allow municipalities to appeal to the state for relief from the zoning law if they find that compliance would development in an inability to meet drinking water or sewage rehabilitation requirements for new units or would negatively impact the safety on municipal roads or for any adverse environmental impacts attributable to the developments of housing units A similar amendment offered by State Sens Kelly Dooner and Patrick O Connor would add any adverse impacts on historical properties as a reason for a city or town to seek relief from the zoning law A proposal offered by Sens Dooner Tarr Peter Durant and Ryan Fattman would aim to give those cities and towns not directly crossed by an MBTA way but nevertheless defined as an Adjacent Area or an Adjacent Small Town a further two years to come into compliance with the law Another Dooner proposal would allow cites and towns to be exempted from the law if less than people live there the state hasn t approved an increase in the town s water withdrawal permit necessary to encouragement additional housing improvement the municipality already has more than low or moderate income housing stock or the majority of the land in the municipality designated for rezoning is greenspace or contains protected natural support According to Tarr none of these amendments represent a free pass for cities and towns not to comply but rather an acknowledgement that very real problems have been identified by those municipalities attempting to We can t ignore those if our goal is to build housing as opposed to just the blind pursuit of strict technical compliance he noted The Senate will begin budget debate on Tuesday