Westborough adopts MBTA Communities multifamily overlay to meet state compliance

Westborough voters approved a zoning amendment on March 23, 2024 to add a multifamily overlay district and conform to the MBTA Communities law (Section 3A). The Planning Board recommended the change after two public hearings.

Planning Board Chair Mark Silverberg introduced the motion and asked Director of Planning Jenny Gingras to present. Gingras told the meeting that Section 3A requires MBTA communities to provide at least one district where multifamily housing is allowed "as of right," meaning without a special‑permit requirement. She said the state deadline for compliance is Dec. 31, 2024 and noted that the town’s compliance modeling — done with RKG Associates under a technical‑assistance grant — found existing developments (Westboro Village, Park Westborough and Arrive on Turnpike Road) supply much of the required unit capacity.

Gingras described how the overlay applies existing multifamily rules (height, setbacks, density) to district listings and emphasized that site plan review and department review still apply; the changes remove special‑permit barriers where the state model expects as‑of‑right zoning. Silverberg said the planning board added targeted language suggested by the town attorney to improve the chance of approval by the Executive Office of Housing and Livable Communities (EOHLC/DHCD).

The motion carried 283–15. Planning staff said the change is intended to preserve grant eligibility (Housing Choice, MassWorks and related grants) that hinges on compliance with the state statute.

Why it matters: Town zoning adjustments maintain Westborough’s eligibility for state grants and position the community to meet a statewide regulatory requirement. Planning staff said they do not anticipate immediate large‑scale development as a result of the zoning change because the district inventory already counts existing units.