Zoning is a key tool used at the local level to shape a municipality through requirements and incentives for land use. It provides the legal framework for what can and cannot be developed on a parcel of land, including the types of uses that are allowed, size and siting of structures, amount of required parking, open space considerations, and more. Well-crafted zoning should tell the private sector about what kind of development the Town wants to see and where.

The Acton 2020 Comprehensive Community Plan, completed in 2012, provides a roadmap for guiding growth in town. It identifies five “Key Village Centers,” including South Acton, as locations to where growth should be concentrated. Not only would concentrating growth help to preserve undeveloped land in Acton, but it also would lead to additional housing options for empty nesters, promote economic development, and create livelier, walkable places for families. The last time the Town created an area plan for South Acton Village was in 1995. 

This effort will build on South Acton’s existing assets, including the commuter rail station, historic buildings, walkability, and considerable conservation and recreation land, and help to overcome barriers that are holding back the revitalization of this area. By modifying zoning, we can remove restrictions which may be inhibiting high-quality mixed-use and multifamily projects and encourage development that directly meets the community’s vision for South Acton.

Click to open the area plan from 1995.

The Multifamily Zoning Requirement for MBTA Communities, also known as Section 3A of the Zoning Act, requires municipalities to have zoning in place that allows for up to 15 units per acre by-right (not requiring a special permit). The zoning district must be a minimum of 50 acres and have the capacity for a minimum number of housing units set by the Department of Housing and Community Development (DHCD). Acton has until December 31, 2024, to adopt a zoning amendment that complies with Section 3A.

If Acton does not comply, it will lose access to crucial sources of state funding that the Town relies on for civic and infrastructure projects, including from the MassWorks Infrastructure Program, Housing Choice Initiative, and Local Capital projects Fund.

UPDATE: The Massachusetts Attorney General’s Office recently released an “Advisory Concerning Enforcement of the MBTA Communities Zoning Law” issuing greater clarity that MBTA Communities such as Acton must come into compliance with the law. MBTA Communities that currently do not have a compliant multifamily zoning district are required to take steps that DHCD has outlined in their guidelines to demonstrate interim compliance. The advisory makes clear that MBTA Communities cannot opt out of or avoid their obligations under the law by choosing to forego state funding. Failure to comply may result in civil enforcement action or liability under federal and state fair housing laws.

Acton recently completed a Housing Production Plan (HPP) process, which identified the need for new and diverse housing types to serve Acton’s residents and better match housing supply to demand. In particular, Goal 5 of the HPP is to “locate new residential multifamily and mixed-use development in and near existing business centers and village districts.” The Town also adopted a Climate Action Plan this year, directing the Town to take the following actions:

• Action 1: Pair zoning with sustainability, allowing for broader and more multifamily housing choices and flexible approaches to achieve housing affordability and accessibility.
• Action 2: Explore opportunities for affordable housing and mixed-use development within 1/2 mile of public transit and near existing business centers and village districts.

The Boston region is in a housing crisis, caused primarily by a lack of housing supply in comparison to the demand. This supply imbalance has led to dramatically increased sales and rental prices, which particularly impacts those with lower incomes, such as seniors on fixed incomes. This can be seen locally in Acton. Acton grew dramatically during the 1950s and 1960s and again in the 1980s and 1990s. But since that time period housing production has been slow with the exception of Avalon Apartments. For example, since 2006, only 18 units of multifamily housing have been permitted at the time of the Housing Production Plan adoption.

In particular, there is a lack of mid-sized housing, or “missing middle housing” in Acton:

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