Town Tries To Make Best Of  A Heavy Handed State Law

In 2021, the Massachusetts Legislature passed a bill that imposed zoning requirements on any municipality that was directly served by the MBTA or adjacent to such a community.   By virtue of the fact that Littleton is an MBTA stop on the T’s Fitchburg line, Westford came under this edict.  Some claim that it violates the Home Rule provisions of the state constitution.  It does not.  Home Rule expressly states that the state legislature can pass zoning measures, which are binding upon communities, provided such laws apply equally to all communities in the state.  The state cannot engage in “spot zoning”.   Because of a concern over the skyrocketing price of single-family homes and the lack of an alternative housing inventory, which is impeding state efforts to attract younger workers (ages 25-40), the legislature enacted the MBTA multi-family zoning by law.  Originally, this was Governor Charlie Baker’s brain child.                 

All communities that fall under the state edict are required to identify zones that would permit the development of high density mixed used housing.  Density requirements call for development that allows for 15 units per acre.  A zone capable of supporting a minimum of 924 such units must also be established.  The Westford plan potentially impacts 350 acres within the confines of Littleton and Powers Road, offering a maximum buildout capacity on paper of 5K.  However, sewage and drainage limitations would limit buildout to a maximum of 3500 units.  Town planner Geoff Morrissette has stated publicly that buildout even to that level is highly unlikely.  Expanding the zoning area helps facilitate compliance with the law given the limitations created by the lack of a public sewage system.                   

From Westford’s perspective, the zoning plan seeks to accomplish several things.  It seeks to shore up Westford’s eroding commercial tax base, which is forcing more of the tax burden onto residential tax payers.  Multi-use zoning allows commercial units to be imbedded with residential units. Additionally, the Nashoba Valley Ski area is very interested in promoting a year-round program of activities that would hopefully attract residents to these units, while shoring up their own business, which has now expanded from one to two active operational seasons during the year.  The plan also seeks to offer increased housing diversity to Westford.  The plan calls for 10% of all units to be affordable (80% of the area’s median income) and 80% of the units would be workforce housing (120% of the area’s median income).           

The town’s Master Plan Implementation Committee in 2017 recommended the town consider multi-family housing zones for the same reasons that the state seeks to do so, to attract younger workers to the area. Additionally, this zoning plan could conceivably allow for more housing opportunities for senior citizens as well, who might want to downsize but want to remain in the town.  As far as voting recommendation is concerned, this is one that readers will have to make on their own.  The issue is too close to call.  One additional factor for consideration is that if the town refuses to comply with this law it could face legal action from the state.  Reference developments in the town of Milton MA.