East Bridgewater Weighs MBTA Communities Zoning Compliance to Preserve State Funding
Proposed overlay district would allow multifamily housing while minimizing development impact
EAST BRIDGEWATER - April 23 - East Bridgewater residents gather information about the town's proposed MBTA Communities zoning overlay district as the May 12 town meeting vote approaches. The zoning change would allow multifamily housing as of right in a designated area, helping the town comply with state law while preserving access to critical grant funding.
Jason Desrosier, Senior Planner for Housing and Public Engagement at Old Colony Planning Council, presents the proposal as primarily a "paper compliance" exercise rather than a development mandate.
"The law does not require that multifamily housing be built. The law only requires towns to zone for multifamily housing so that it can be built in select areas," Desrosier explains. "It does not matter what has been built or what will be built. All that matters is the zoning."
The MBTA Communities law, also known as 3A, requires 177 Massachusetts cities and towns to create zoning districts allowing multifamily housing at specific densities. East Bridgewater, classified as an "adjacent community," must zone for a minimum capacity of 750 units at 15 units per acre across at least 50 acres.
Desrosier emphasizes that this is not a housing production target. The town doesn't have to build any units – it simply needs appropriate zoning in place.
The proposed overlay district includes 11 parcels between Bedford Street, the wetland town line, and Winchester Street. Three parcels are already designated for the recently approved 220-unit Meadowbrook development under Chapter 40B.
"Because many of these parcels are also constrained by wetlands, it's highly unlikely that you're going to be able to get 750 units in this zoning area just because of the parcels that are available, the ownership of them, and the constraints that exist," Desrosier says.
Two parcels are owned by the Town of East Bridgewater, two by private homeowners, three by NSTAR Electric Company, and one by Hornstra Farms. Given these ownership patterns and environmental constraints, Desrosier suggests minimal additional development beyond the already-approved Meadowbrook project.
The distinction between MBTA Communities (3A) and Chapter 40B is important. While 40B focuses on affordable housing with specific development mandates, 3A is strictly a zoning exercise with no affordability requirements.
"3A is not an affordable housing law. The law does not require affordable units to be built," Desrosier clarifies. "These are two completely different housing laws."
If East Bridgewater fails to comply with the MBTA Communities law, it risks losing access to 13 state grant programs, including MassWorks, Municipal Vulnerability Preparedness grants, Community Planning grants, and brownfields remediation funding.
The town has recently benefited from several of these programs, receiving $290,096 for new sidewalks through the Complete Streets Program in fiscal year 2023, $300,203 in police grants, $127,000 through the Community Compact IT Grant Program, and $100,000 from the Green Communities Grant Program.
Beyond grant eligibility, non-compliance could expose the town to legal action. Following the Supreme Judicial Court's ruling in Commonwealth v. Town of Milton, which found the MBTA Communities law constitutional, municipalities that fail to comply could face lawsuits from the Attorney General's office.
"Failure to comply with MBTA Communities opens up towns, East Bridgewater as well as others, to potentially get sued by the Attorney General's office," Desrosier notes.
Residents express concerns about potential impacts on town services, infrastructure, and schools. Desrosier addresses the school question with specific data, noting that East Bridgewater has seen a 15% reduction in student population between 2010 and 2025.
"At the 0.25 threshold for 750 units is approximately 188 students," he explains. "Both [potential scenarios] are lower than the amounts of students you've lost between 2015 and 2025, which was 275 students."
Mary Waldron, Executive Director for Old Colony Planning Council, emphasizes that the organization is available to provide additional research on impacts seen in other communities that have implemented similar zoning.
Nearly 120 of the 177 communities covered by the law have already rezoned to comply, representing 67% of municipalities. Nearby towns including Abington, Bridgewater, Easton, Pembroke, Plymouth, Stoughton, and Whitman have all complied.
East Bridgewater previously rejected MBTA Communities zoning at a special town meeting, but the SJC decision against Milton has given non-compliant communities another opportunity to adopt appropriate zoning.
The Planning Board will hold a hearing on the proposed overlay district on May 5, followed by the town meeting vote on May 12. Desrosier is hosting informational coffee hours at Restoration Coffee on April 24, April 29, and May 2 for residents with questions.
"By complying with MBTA communities, you're not opening the door to max development," Desrosier concludes. "The benefit is largely remaining in compliance with the law by having a zoning district, having the 40B developments in that zoning district to get credit for those units, not losing out on grants that the town needs, and not opening yourself to a potential lawsuit."