Advisory committee backs MBTA-compliance zoning overlay and authorizes trail, Otis Street easements

Jenny Dingris, Westborough’s director of planning, told the Advisory Finance Committee on March 11 that Article 32 is intended to bring the town into compliance with the MBTA Communities law by designating sufficient acreage and allowing multifamily housing by right in specified districts. "The law is not optional for us, and it would really be detrimental if we didn't comply," Dingris said, explaining the state requires a minimum number of units and acreage and that the town submitted an action plan in January 2023.

Dingris said the planning staff and consultant RKG Associates tested district boundaries and dimensional controls against the state's compliance formulas. The overlay would mirror many existing local dimensional standards and cap building height at four stories in some places to preserve a 20% inclusionary affordability requirement. She told the committee the town already has substantial multifamily housing but that much of it is allowed only by special permit; the overlay is meant to meet the state's regulatory test, not to require new development immediately.

The committee also vetted two easement petitions. Article 24 would give the Select Board authority to negotiate and accept easements needed for segments of the Boston Worcester Airline Trail (BWALT), including several Otis Street parcels; Article 25 would authorize easements related to the Otis Street improvement project (sidewalks, crosswalks and pedestrian safety work). Dingris said the town typically requests easements as conditions of site-plan or special-permit approvals and that developers generally agree to grant them; the town has not historically paid purchase costs for these easements though legal fees may apply.

After questions about whether easement requests impose costs on property owners or the town, McMahon moved and the committee seconded recommendations for Articles 24 and 25. The AFC voted 8–0 to recommend Article 24 and 8–0 to recommend Article 25. The committee also voted 8–0 to recommend Article 32 (the MBTA overlay) after additional discussion about by-right zoning versus special permits and the town's sewer capacity constraints.

Next steps: these recommendations will appear on the warrant for the spring Town Meeting; zoning changes approved at Town Meeting must still be submitted to and approved by the Massachusetts Attorney General for final effect.