General Principles of Compliance

(1) 760 CMR 72.00 describes how an MBTA community can comply with the requirements of M.G.L. c. 40A, § 3A. 760 CMR 72.00 specifically addresses: (a) What it means to allow Multi-family housing "As of right." (b) The metrics that determine if a Multi-family zoning district is "of reasonable size." (c) How to determine if a Multi-family zoning district has a minimum gross density of 15 units per acre, subject to any further limitations imposed by M.G.L. c. 131, § 40 and 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage . (d) The meaning of M.G.L. c. 40A, § 3A's mandate that "such multi-family housing shall be without age restrictions and shall be suitable for families with children." (e) The extent to which MBTA communities have flexibility to choose the location of a Multi-family zoning district. (2) The following general principles have informed the more specific compliance criteria that follow: (a) MBTA communities with Subway stations, Commuter rail stations and other Transit stations benefit from having these assets located within their boundaries and should provide opportunityfor Multi-familyhousing development around these assets. MBTA communities with no Transit stations within their boundaries benefit from proximity to Transit stations in nearby communities. (b) The Multi-family zoning districts required by M.G.L. c. 40A, § 3A should encourage the development of Multi-family housing projects of a scale, density and aesthetic that are compatible with existing surrounding uses, and minimize impacts to Sensitive land. (c) "Reasonable size" is a relative rather than an absolute determination. Because of the diversity of MBTA communities, a Multi-family zoning district that is "reasonable" in one city or town may not be reasonable in another city or town. (d) When possible, Multi-family zoning districts should be in areas that have safe, accessible, and convenient access to Transit stations for pedestrians and bicyclists.