MBTA 3A Multi Family Zoning
Update on MBTA 3A Zoning Bylaw:
State finds Nahant in Compliance with MBTA Communities Act
The state has certified that the Town of Nahant’s new zoning bylaw meets all requirements of the MBTA Communities Act of 2021.
Section 3A of the Act mandates that all MBTA service communities, or those adjacent to these communities, allow multi-family housing development near transit service without need of a special permit.
Nahant receives MBTA bus service and is considered an “Adjacent Small Town” because it has fewer than 7,000 residents. Nahant had until Dec. 31, 2025, to comply.
Town officials and committees began an extensive review of options and solicited vital community feedback. This process led to the creation of an 8.3-acre Multi-Family Overlay District on Bass Point – the area of Sea Breeze Lane, bordered by Bass Point Road and Gardner Road. The area was selected because it allows multi-family housing by special permit and was determined to have the smallest impact on the town.
Voters at the Special Town Meeting on Nov. 19, 2025, approved amending the zoning bylaw to allow the overlay district, then approved placing the Sea Breeze Lane area into the district.
The overlay district is anticipated to allow up to 84 multi-family units.
The Town was notified of the acceptance by the Executive Office of Housing and Livable Communities on Jan. 22.
The approval allows Nahant to access grants through the MBTA Communities Catalyst Fund. This program assists communities with funding infrastructure that supports new housing initiatives.
“This was an incredibly challenging process, given its size and current housing density,” Town Administrator Alison Nieto said. “Our many town boards, staff, and community collaborated to develop the best possible plan to meet the law’s requirements and maintain Nahant’s character.”
Read more below to learn more about Nahant’s efforts to comply with the MBTA Communities A
What is the MBTA 3A Zoning Act?
Enacted as part of the economic development bill in January 2021, new Section 3A of M.G.L. c. 40A (the Zoning Act) requires that an MBTA community shall have at least one zoning district of reasonable size in which multi-family housing is permitted as of right and meets other criteria set forth in the statute:
- Minimum gross density of 15 units per acre
- Not more than ½ miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.
- No age restrictions
- Suitable for families with children
UPDATED DOCUMENTS AS OF 1-17-25
MBTA 3A Requirement and Proposed Compliance
Nahant MBTA communities Zoning Final version
For more information, please click the link below.
Multi-Family Zoning Requirement for MBTA Communities | Mass.gov
Here is a link to the draft guidelines released by DHCD:
DRAFT Compliance Guidelines for Multi-family Districts Under Section 3A of the Zoning Act | Mass.gov
To view the MBTA Communities Preliminary Information form we submitted please see below:
Public Comment Period for MBTA 3A Guidelines
The public comment period for the MBTA 3A guidelines in Massachusetts was open from December 15, 2021 to March 31, 2022. The comment period was held after the Department of Housing and Community Development (now EOHLC) released draft guidelines.
The Town of Nahant on behalf of the Board of Selectmen, submitted comments on those guidelines.
Nahant MBTA Comments March 31, 2022
We also recently submitted a letter to Secretary Ed Augustus of EOHLC regarding the MBTA compliance regulations and Nahant’s plans to comply.