MBTA Communities - MGL 40a Sec 3a

Approval by EOHLC

Upton has received a determination of Compliance by EOHLC as of June 24, 2025

  1. Upton - Determination of Compliance 2025.pdf

Planning Board Recommendation

below are links to the proposed zoning district map and associated bylaw language for STM 2024 

  1. Draft PB Reccomendation-Sec. 300-8.2 MBTA.pdf
  2. MBTA Zoning STM Article Map.pdf
  3. KP-#940422-v1-UPTN_MBTA_Communities_Overlay_District_Draft_Bylaw_Sept_6_Warrant_Article_ReviewFINAL.docx
  4. KP-#942612-v1-MBTA_Communities_Overlay_District_Draft_Mixed_Use_Component.DOCX

MBTA Zoning Public Outreach Materials 8/12/24

  1. Upton Planning Board Public Forum Pamphlet- MBTA Zoning District.pdf
  2. Base_map_Upton.pdf
  3. Upton Housing Worksheet.pdf

Read the MGL 40A Section 3a law regarding multifamily zoning as-of-right in MBTA Communities.

-MBTA Compliance Documents-

Interim Compliance Documents

  1. Approval of Compliance Plan by DHCD (PDF)
  2. Interim compliance Action Plan submitted by Town Planner. (PDF)

Economic Feasibility Analysis on Affordable Component

  1. Upton Economic Feasibility Analysis.pdf

Sample Compliance Model - Subject to Change

  1. 3AC_Model_202304v3_m303_202312.xlsx

Helpful Resources

CPTC Presentation on MBTA Communities  -slide deck

What is an MBTA Community?

Why is Multi-family zoning important near transit and in neighboring communities?  

What is the Law?

Section 3A (MBTA Communities) Guidelines

Compliance Model

District Compliance Deadlines

Additional Resources


Frequently Asked Questions (FAQ)

Q: What is unit the requirement for Upton?

A: Upton must provide a Zoning District which will allow for at least 150 units.

Q: Do the units within new 40B developments count towards this requirement?

A: No. 40B developments are not related to the requirements of the MBTA Communities. (Link to Informational Presentation on 40B)

Q: What is the density Upton must provide?

A: The Town must provide no less than 15 units per acre within the new district.

Q: When must the town complete the 150 units?

A: The requirement is not a building quota. It is a requirement to provide a zoning district which may realistically provide for the placement of up to 150 units, not a requirement to construct 150 units.

Q: Where must the Town locate this district?

A: the Town can choose the location of the new district. However, the proposed district must be approved by the Executive Office of Housing and Livable Communities (EOHLC)

Q: Is there a requirement to make units within the district "affordable"?

A: There is no requirement to provide affordable units within the new district. The Town may choose to enact an affordable provision within the new district but cannot exceed a 20% affordable requirement. 

Q: Can there be mixed-use development within the district?

A: The EOHLC updated their guidelines in August 2023 to allow for a certain amount of mixed-use development to be provided in the district should a Town choose to allow for it.

Q: Will the 150 units count toward the Town's 10% goal of affordable housing to enter "Safe Harbor" Status potentially avoiding future 40B developments?

A: No. The requirements of the MBTA Communities (MGL 40A Sec 3A) are not tied to the requirements found in MGL 40B. The Town must provide alternative ways of achieving its 10% affordable housing goal. The Town has completed a new Housing Production Plan which seeks to identify options for obtaining the 10% required by 40B.