In 2021, the Massachusetts Legislature passed a law, Section 3A of the Zoning Act, that requires communities served by MBTA transit to have zoning in place that allows multifamily housing to be built. The purpose of the law is to encourage the creation of more housing options in locations with access to public transit. Belmont has until December 31, 2024, to adopt a zoning amendment that complies with 3A.

Note: Belmont is setting 3A-compliant zoning requirements to allow and regulate housing development. The Town is not building any housing. These decisions must be made by private property owners based on financial feasibility, development constraints, and other factors.

The Department of Housing and Community Development (DHCD) has set regulations that explain how cities and towns can comply with 3A. There are several key requirements:

• Multifamily development must be allowed by right (as opposed to by special permit).
• “Multifamily” means a building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than 1 residential dwelling unit in each building.
• The zoning must allow for a minimum gross density of 15 dwelling units per acre.

Belmont is required to meet the following targets:

• The zoning must apply to at least 28 acres of land.

• At least 14 acres of land must be within half a mile of either commuter rail station (Waverley or Belmont).

• The zoning must allow for a theoretical capacity of 1,632 units of multifamily housing to be produced.

• Decide where the zoning should go. The Town can choose where one or more zoning districts will be located based on community goals and priorities.
• Set development standards. The zoning can be written with specific standards for the size, shape, and appearance of development.
• Require site plan review. Although the zoning must allow multifamily housing by-right, it can require site plan review of proposed developments. Site plan review provides the opportunity for the town to require reasonable changes in line with the zoning.
• Allow varying levels of density. The Town can choose to have some areas with higher-density zoning and other areas with lower-density zoning to fit in with existing neighborhoods.
• Require affordability. The zoning can require that a percentage of the housing units be made permanently affordable to households that qualify.

• Restrict age. The zoning must be suitable for families with children, so it cannot allow for senior-only housing.
• Include areas where development is infeasible. Land that is environmentally sensitive, publicly owned, or conserved for open space do not count towards compliance.
• Choose not to comply. All MBTA Communities must comply with the Law. Communities that fail to comply with the Law may be subject to civil enforcement action, rendered ineligible to receive certain forms of state funding, and risk liability under federal and state fair housing laws.

As with the rest of the Boston region, the number of housing units in Belmont is not high enough to meet housing needs. This imbalance between supply and demand has led to dramatically increased sales and rental prices. In Belmont, the median price of a house increased 31% from 2016 to 2021; the median price of a detached single-family house is now $1,402,500 and the median price for a condo is $712,500. These skyrocketing prices particularly impact those with lower incomes, such as seniors on fixed incomes.

Belmont is in the process of completing a Housing Production Plan, which has identified the need for new and diverse housing types to serve residents and better match housing supply to demand. In particular, the plan identifies several opportunity sites in Waverley Square and Belmont Center that hold potential for creating higher-density, multifamily development that would support and enrich these existing neighborhoods.

• Encourage a variety of housing options. Having a range of housing choices for people with different needs, preferences, and income levels makes it possible for them to live in Belmont throughout their life. For example, a townhouse for a first-time homebuyer, an apartment for a young teacher, and a condo for a retired senior who wants to downsize.
• Support existing Belmont businesses. More housing units means more residents who are potential customers for local businesses. For example, having housing above storefronts assures businesses they will always have customers within walking distance.
• Attract new businesses to Belmont. Having more housing can incentivize businesses to settle in Belmont and contribute to the local economy. For example, a grocery store, boutique, or restaurant could see Belmont as a place to start or grow a business if the market is made stronger with additional housing units.
• Create affordable workforce housing. Belmont can require developers to provide up to 25% of housing units in a development permitted under 3A-compliant zoning to be affordable to households that qualify. This would allow the Town to ensure that new housing is affordable to the local workforce, such as public employees, teachers, service industry workers, and other people essential to the Belmont community.
• Meet 40B requirements. Housing that is produced based on 3A-compliant zoning can also count towards the Town’s Subsidized Housing Inventory under Chapter 40B as long as it meets the requirements of that program.