Frequently Asked Questions

Directly below are two high level fact sheets about the State mandated MBTA Communities Multi-Family Zoning law.  Further down the page are more detailed frequently asked questions (FAQs) that provide more information about this mandate, how it relates to North Andover, and what the Town will consider at Annual Town Meeting in May of 2024.

Learn more:

• North Andover MBTA Communities Multi-Family Zoning informational web page
• State MBTA Communities Multi-Family Zoning informational web page
• State MBTA Communities Frequently Asked Questions (FAQs) page

Q:  The as-of-right density of the proposed overlay district is 15 units per acre.  How does this compare to other multi-family developments in North Andover?

A:  The 15 units per acre standard is less dense than most multi-family developments in North Andover.  For context:

• 90 Sutton Street is 29 units per acre
• 149 Main Street (former Santander Bank property) was recently approved by the Planning Board as a 38 unit per acre project
• Avalon Bay (High Street) is 18 units per acre
• Princeton Properties (Route 125) is 21 units per acre

Q:  Where would the proposed zoning go into effect?

A:  The proposed Zoning Bylaw amendment would govern an overlay district over Osgood Landing (1600 Osgood Street) and North Andover Mall ("Market Basket Plaza" - 350 Winthrop Avenue).

Q:  How many acres does the proposed MBTA Multi-Family Overlay District cover?

A:  Osgood Landing (1600 Osgood Street) is approximately 58 acres and North Andover Mall (350 Winthrop Avenue) is approximately 33 acres, for a total of approximately 91 acres.

Q:  If the State's MBTA Communities Multi-Family Zoning law stipulates that a district must be a minimum of 50 acres, then why is the Town proposing a district of approximately 93 acres (i.e. why not a district closer to the minimum of 50 acres)?

A:  The locations of the MBTA Multi-Family Overlay District were selected based on a number of factors and after both broad public engagement, and public engagement with the Select Board and Planning Board.  Osgood Landing is larger than the required 50 acres, but Town stakeholders thought it prudent not to concentrate as-of-right multi-family zoning at one location in town.  Also, the Town does not have the ability to zone only a portion of the selected parcels for the purposes of complying with the State's zoning mandate, because the State's model that guages compliance will only accept whole parcels.

Q:  What factors were considered when selecting Osgood Landing and North Andover Mall as locations for the zoning overlay?

A:  Several factors were considered, but priority was given to areas that have:

1. Access to public transportation (MeVa bus service)
2. Proximity to Route 495
3. A potential for expanded walkability/pedestrian access
4. Proximity to commercial areas
5. Potential to improve a gateway into North Andover
6. Good alignment with Master Plan Strategies

Q:  As an "Adjacent Community" under the State's MBTA Communities Law, North Andover is required to zone for (not construct) 1,191 units of multi-family housing.  How was this number derived?

A:  Because North Andover is an "Adjacent Community" it is required to have a minimum multi-family unit capacity within its MBTA Communities compliant zoning district that equals at least 10% of its total housing stock as of the 2020 U.S. Census, which is 11,914.  Therefore, North Andover must provide zoning that can accommodate at least 1,191 units of as-of-right multi-family housing.

Q:  The State's MBTA Communities Law stipulates that MBTA Communities "shall have at least one (1) zoning district of "reasonable size" in which multi-family housing is permitted as of right..."  What does as of right mean?

A:  The Town's proposed MBTA Multi-Family Overlay District Bylaw defines an "As-Of-Right Project" as: A Development Project of townhouse(s) and/or multi-family residential homes; and possibly other allowable nonresidential Use(s)..., but without recourse to a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. All As-Of-Right Projects must contain an allowable residential component.  

“As-of-right” means development may proceed in that district under a zoning ordinance or by-law without the need for a discretionary process such as a special permit, variance, zoning amendment or other discretionary zoning approval. Click here to see a fact sheet about as-of-right developments, provided by the State.

Q:  If the proposed Zoning Bylaw amendment passes at Town Meeting, would it mean that current uses at Osgood Landing and the North Andover Mall (Market Basket Plaza) would no longer be allowed?

A:  No.  Because the proposed Zoning Bylaw amendment is an overlay district, all underlying zoning would remain in place.  Therefore, any existing uses (office/commercial, retail, supermarket, etc.) would still be allowed.  

Q:  Are there any deadlines by when the Town of North Andover needs to comply with the State's MBTA Communities Multi-Family Zoning mandate?

A:  Yes.  District Compliance is achieved when an MBTA community adopts a multi-family zoning district that meets all the requirements of the compliance guidelines and is certified by the Executive Office of Housing and Livable Communities (EOHLC).  The deadline for North Andover to submit a compliance application to EOHLC is 12/31/2024.  That is why the Town is bringing forward a Zoning Bylaw amendment that it intends to be compliant with the State's guidelines for MBTA Communities at Annual Town Meeting on May 14, 2024.

Q:  What happens if the Town does not approve a zoning bylaw compliant with the State's MBTA Communities Law?  Can't we just "opt out" of doing this?

A:  As an MBTA Adjacent Community, North Andover is required to comply with this State law by the end of calendar year 2024.  The State has made it clear that it will enforce the MBTA Communities Law: On March 15, 2023, Massachusetts’ Attorney General Andrea Campbell issued an Advisory concerning the enforcement of the requirements imposed on cities and towns by Chapter 40A, Section 3A.  The Attorney General’s Advisory states “All MBTA Communities must comply with the Law.”  In addition, the Advisory cautions that “Communities that fail to comply with the Law may be subject to civil enforcement action” and, “Communities that fail to comply with the Law’s requirements also risk liability under federal and state fair housing laws.  The Law requires that MBTA Communities “shall have” a compliant zoning district and does not provide any mechanism by which a town or city may opt out of this requirement.”

As has been widely publicized, Attorney General Campbell in late February of 2024 filed a lawsuit against the Town of Milton for failure to comply with the MBTA Communities Law.

The State has also made it clear that failure to comply with the law will result in a loss of eligibility for the community, for certain funding programs.  In recent years, the Town of North Andover has been awarded over $6.8 million from some of these programs, in order to fully or partially fund priority projects, such as:

1. MassWorks Infrastructure grants in 2017 and 2019, totaling $5 million for creation of new sidewalks and pedestrian infrastructure along Route 125 in front of the Princeton North Andover development, and for installation of new sewer service along Route 125, from Sutton Street to the Haverhill line, as well as additional improvements.
   1. Just last year (October 2023), the Town was awarded another MassWorks Grant, totaling $1,240,000 to reconstruct and improve the intersection of Route 124 (Osgood Street) and Great Pond Road.
2. Complete Streets - A $397,271 grant awarded to the Town in order to construct improvements to the intersection of High, Sutton, and Chadwick Streets. 
3. Housing Choice Action Grants totaling over $140,000 for planning projects related to rezoning downtown and reusing the former senior center behind Town Hall.

The State has already begun to enforce this penalty as it announced in late February of 2024 that it revoked a $140,800 grant that it had previously awarded to the Town of Milton due to the Town's noncompliance with the MBTA Communities Law.

It is also important to note that North Andover is currently a Housing Choice Community, as designated by the Commonwealth of Massachusetts, which affords it:

1. Exclusive admission to the Housing Choice Community Grants Program; and
2. Priority access to various participating Housing Choice programs such as MassWorks, Complete Streets, MassDOT capital projects, and LAND and PARC grants. Housing Choice Communities are eligible to receive a 0.5% discount on the interest rate for State Revolving Fund loans.

If North Andover is deemed by the State to not be in compliance with the MBTA Communities statute, it will cease to be a Housing Choice Community and 

Q:  How many housing units will get constructed under this zoning if it passes?

A:  The zoning theoretically allows for up to 1,365 units, but there are no proposed projects currently before the Town.  Any proposed projects could result in less units than the maximum allows due to dimensional, economic, and environmental factors.  It's possible that no residential units are ever built in the specified locations, much like what has happened at Osgood Landing since the passage of the 40R Osgood Smart Growth Overlay District. 

Q:  If the Town's required unit capacity is 1,191, why does the proposed zoning theoretically accommodate up to 1,365 units (i.e. why not a number closer to the required 1,191?)?

A:  The Town and its consultant (MVPC) utilized a model, provided by the State, to determine how many units the proposed district would accommodate, based on a number of factors, such as available acreage (developable land) and dimensional requirements laid out in the zoning.  No matter where the MBTA Communities overlay district is located, it would be exceedingly difficult to land at the minimum unit capacity requirement.  The Town made every effort to choose appropriate locations that could accommodate a unit capacity as close to the requirement as possible, while utilizing the minimum unit/acre requirement.

Q:  Does the zoning bylaw amendment require that affordable units be built?

A:  Yes.  The zoning bylaw amendment stipulates that developments requiring Development Project Plan Review and Development Project Plan Approval...are subject to Article 8 Supplementary Regulations, Part 13 Inclusionary Housing Requirement of the North Andover Zoning Bylaw (Inclusionary Zoning was passed at Town Meeting in 2022).  Compliance with inclusionary zoning requirements will be reviewed during Development Project Plan Review, but generally, any proposed residential or mixed-use developments, containing more than seven rental or ownership housing units, require that the applicant shall contribute at least 15% of the total housing units as affordable. 

Q:  Why does the proposed zoning bylaw amendment allow commercial uses / mixed uses in addition to residential uses?

A:  First, it is important to remember that both Osgood Landing and the North Andover Mall parcels already allow commercial uses.  In discussions with the Planning Board and Select Board, it was made clear that encouraging a mix of uses (not just residential) at these sites could be beneficial.  Moreover, the Town's Master Plan encourages mixed-use development in appropriate locations:

• Land Use, Strategy 1: Review the Osgood Smart Growth Overlay District and update the Zoning Bylaw to ensure the district encourages the types of uses that are attractive in today’s market and consistent with the direction of this Master Plan.
• Housing, Strategy 18: Update the Town’s Zoning Bylaw to promote a mix of uses in areas already served by public infrastructure such as downtown, Route 114, Route 125, and Sutton Street.
• Economic Development, Strategy 25: Encourage the development of mixed-use buildings which support both residential and commercial uses.
• Economic Development, Strategy 29: Work with large land owners of economically-important properties in town to identify and attract a mix of uses for the redevelopment of those properties.

Q:  Did the Town undertake a public process to select locations for the proposed MBTA Multi-Family Overlay District and to develop the proposed bylaw amendment?

Yes.  Town Staff began working with its consultant, the Merrimack Valley Planning Commission (MVPC), in 2022 in order to develop an approach on how the Town could comply with the State's MBTA Communities Zoning mandate.  Since that time, there have been several public meetings in which MBTA Communities / Section 3A Compliance has been discussed.  Click here, and scroll down to the "Outreach and Public Engagement" section to learn more about the Town's approach to seeking public input for this effort.  Additionally, you may click here to view recordings of public meetings/hearings on this topic and materials that were presented at those meetings.

Q:  Have local boards weighed in on this proposed amendment to the Zoning Bylaw?

A:  Yes.  On April 2, 2024, the Planning Board voted to recommend "favorable action" and on April 8, 2024 the Select Board voted to recommend "favorable action" on Article 28 of the Annual Town Meeting 2024 Warrant, which proposes adoption of the bylaw amendment.  Both votes were unanimous.  

Q:  How many communities have adopted zoning to comply with this mandate?  Are other communities around North Andover coming into compliance with the mandate?  

A:  Many more cities and towns have chosen to pass zoning to comply with the MBTA Communities State mandate rather than to resist it.  Communities in the Merrimack Valley that have passed compliant zoning include Andover, Haverhill, and Newbury.  Below is a list (as of May 1, 2024) of communities in Massachusetts that have either passed compliant zoning, or rejected it:

Municipalities that have approved zoning to comply with MBTA Communities law:

Abington, Andover, Arlington, Bedford, Braintree, Bridgewater, Brookline, Cambridge, Chelsea, Concord, Danvers, Dedham, Essex, Everett, Grafton, Harvard, Haverhill, Hingham, Lexington, Lincoln, Lowell, Malden. Medford, Newbury, Newton, Northborough, Northbridge, Norwood, Pembroke, Plymouth, Quincy, Revere, Rockport, Salem, Scituate, Somerville, Stoneham, Taunton, Wareham, Wellesley, Westborough, Westford, Weymouth, Winchester

Municipalities where zoning for MBTA Communities has not passed: 

Littleton (Town meeting scheduled for 5/6/24), Marshfield, Milton, Wakefield

Do you have additional questions?  Please contact Planning Director Jean Enright: jenright@northandoverma.gov or 978-688-9535