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MGL Chapter 40A, Sec 3A: At a Glance

Multi-family zoning as-of-right in MBTA communities

What does the law say:

"An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable."

How is Carlisle categorized?

In total, 177 MBTA communities are subject to the new requirements of Section 3A of the Zoning Act. Carlisle is categorized as an Adjacent Small Town.

The deadline for Carlisle to comply with the MBTA Zoning Act is December 31, 2025.

The MBTA Communities Act does NOT:

  • require that multifamily housing be built;

  • compel Carlilse to pay for or approve new infrastructure like sewer or water;

  • supersede or override Carlisle's wetlands or Title V laws or any of Carlisle’s general bylaws or regulations.

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Where do other towns currently stand?

Carlisle is one of a handful of towns that face unique threats to precious town resources such as water supply due to the MBTA Zoning Act.

There are 9 other towns that are categorized as Adjacent Small Town which also lack both municipal water & sewer. Even among this small subset, Carlisle is unique. You can read more about the risks the MBTA Zoning Act poses for Carlisle here.

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