Bedford is well-positioned to comply with a state law designed to expand housing opportunities in cities and towns served by the MBTA.
Still, the Select and Planning Boards agree with two prominent state governmental organizations that implementation should be delayed, providing time to address a number of issues and concerns.
Planning Director Tony Fields briefed the Select Board Monday on the law and the guidelines for implementation, issued by the state Department of Housing and Community Development. The discussion, and completion of a community information form, are required for a town to stay on track for compliance.
Determination of compliance – or an “action plan” of steps leading to fulfillment — is due by the end of the year, Fields said, with a final deadline of Dec. 31, 2023. The board agreed by consensus to continue, noting it doesn’t represent a “commitment.”
Under the legislation, Bedford is required to permit construction of up to 1,089 units of multi-family housing by right in at least 73 acres. The town could accommodate this level of development under current zoning, Fields explained.
But there is still uncertainty surrounding several details, leading to the delays recommended by the Massachusetts Municipal Association and the Massachusetts Municipal Lawyers Association.
New Select Board member Shawn Hanegan, who grappled with the guidelines as a Planning Board member, compared the situation to a software developer who expects customers to identify the bugs. Fields said, “The guidelines don’t necessarily do what the legislation intended. They put out a zoning exercise but towns need to go through a planning exercise.”
The penalty for non-compliance is a loss of eligibility for three categories of state grants. The town earlier this year received $500,000 from one of the programs, MassWorks. Town Manager Sarah Stanton said there are plans for seeking as much as $5 million more. “There are several projects earmarked in our minds,” she said.
In answer to a question from board member Bopha Malone, Fields said other grant programs could be added to the penalty list.
Fields pointed out that the town can designate multiple areas to fulfill the requirements, as long as one tract is at least 25 acres. Since current zoning allows multi-family development in subdistricts along The Great Road and the Depot area, the town may be basically in compliance, with “some minor adjustments,” Fields said.
“We might have to change zoning to eliminate special permits but it’s not really a significant change to the zoning that we have in place,” he told the Select Board. Also, he said, the state may require Bedford to specify residential density in the zoning bylaw. “The Planning Board’s philosophy was not to hamstring the economics so it would make sense to actually build,” he explained.
Fields also noted, “The density is a little denser if the gross area counts roadways in the land area.” It’s too soon to get detailed feedback from the state, the director said; perhaps it would be helpful to get some “technical assistance” to make sure all aspects are covered.
“I don’t want everyone to think this is a done deal. There’s still some work to be done,” Hanegan commented.
Mixed-use developments on Loomis Street and under construction on The Great Road exceed 15 units per acre, and demonstrate to state officials that the town is amenable to that level of density, Fields said.
Select Board member Edward Pierce pointed out that maximum allowed multi-family construction could result in an “immense” traffic impact. Board Chair Emily Mitchell noted that the guidelines don’t reduce parking space requirements for new residences, even though the intent is to encourage use of public transportation. Member Margot Fleischman agreed that requiring more housing in places without significant public transit is “a perverse incentive.”
Fields said the Planning Board also supports delaying implementation because of concern for “many communities that are hamstrung by these proposed guidelines.” The timing doesn’t even allow for zoning amendments at spring town meetings, he noted.
He also said the Planning Board decided not to focus on the Middlesex Turnpike corridor as a place to fulfill the multifamily requirements. Pierce concurred; “I prefer we don’t convert commercial property there to residential.”
Mike Rosenberg can be reached at [email protected], or 781-983-1763
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