Where in Newton would you put 8,330 multi-family homes? That’s the question that the City Council has to figure out.

In January, Governor Charlie Baker signed into law the Housing Choice Act and a companion economic development bill. The economic development bill mandates that so-called MBTA Communities (Newton is one, by dint of our Green Line, commuter rail, and bus service) create at least one zoning district where multi-family housing is allowed as of right. At least part of such a district must be within a half-mile of transit. And, the district must be of “reasonable size.” 

Yesterday, the Massachusetts Department of Housing and Community Development issued guidance about what constitutes reasonable size and what is meant by the proximity-to-transit requirement. (The link is to an overview page. The actual guidance is here.) Proximity is the easy part to explain and for Newton to comply with. At least half of the area of the transit district must be within a half-mile of a transit stop and the remainder must have easy access by existing streets, sidewalks, and bicycle lanes. Since an overwhelming amount of Newton is within a half-mile of the T, commuter rail, or a bus stop, this should not be a challenging requirement to meet.

Reasonable size, the guidance reveals, is a function of the size of the municipality and the type of transit in the city. At a minimum, a transit district must be a contiguous 50 acres (10% of the area in a circle with a diameter of a half-mile). But, the transit district (or, presumably, districts) must be large enough that it allows for a minimum number of multi-family homes, that minimum being determined by the size of the municipality and the type of transit in the city. Size is measured by the number of housing units in the municipality as of the 2020 census. Newton had 13,320 33,320 homes in 2020. And, as a city with trolley service, Newton has to provide a by-right opportunity to create multi-family housing equivalent to 25% of the 2020 census number: 8,330 multi-family units. (For commuter rail, bus, and adjacent communities, the factors are 10, 15, and 20%.)

Importantly, Newton is under no obligation to actually produce 8,330 multi-family units. One needs to be able to look at the district on a zoning map and calculate the number of multi-family units that are possible to build by right – without discretionary review – according to the lots on the map and the zoning that applies to the lots. It’s all about the opportunity zoning creates.

A few other wrinkles. The district must have an average density of 15 units per acre. But, the district can have sub-districts with higher and lower densities, so long as all of the district allows multi-family homes by right and the average is 15 units per acre. And, existing multi-family homes count against the total. 

Note, this is draft guidance. But, unless the final rules scuttle the general approach, Newton’s going to have to add a lot more multi-family zoning along the lines defined.

At 15 units per acre, Newton’s required transit districtage is about 550 acres. What acres should we make into transit districts?

Along the spectrum of approaches to the obligation, the approach that is most consistent with the explicit purpose of the law – to create more housing around transit – would put 50-acre-plus districts near our seven Green Line stops and three commuter-rail stops. It might not be ten separate districts. One can imagine a long transit district along Washington St. and a transit district connecting Newton Highlands and Newton Centre, for instance.

At the other end of the spectrum is an approach that seeks to limit the opportunity for new multi-family housing and would draw the transit districts to include the most existing (or recently permitted) multi-family housing possible. One can imagine huge transit districts along Boylston St. (Route 9) and Needham St. that capture the Towers at Chestnut Hill, Imperial Towers, the Residences, the Farm, the two Avalons, Northland, &c. Since existing multi-family housing is not nearly sufficient to meet our 8,330-unit obligation and since a district must be contiguous and larger than 50 acres, some large portion of the neighborhoods surrounding the big apartment buildings would also have to be zoned multi-family. There may also be some areas around Nonantum that are already 15 units-per-acre dense.

The first approach is consistent with the city’s aim to revitalize our village centers and to meet our climate objectives by enabling car-free and car-lite living. The second approach would concentrate multi-family housing where multi-family housing already exists, but not near our most valuable transit, unless a district includes Riverside and another 28 acres around Riverside or a Route 9 district extends right up to the Chestnut Hill T. 

Where would you put Newton’s transit districts? Would you spread the density across 550 acres or have smaller coverage where more density is allowed.

I’d simply create multi-family by-right zoning within a half-mile of the Green Line and commuter rail and create pockets of higher density in village centers that can support and would benefit from 15 unit-per-acre density. Those pockets would need to be sufficient to meet our transit district obligations. I might also create carve outs for a few streets with a significant concentration of single-family homes of distinction, like Lincoln St., though I would allow multi-family conversions on such streets.

As always, you are free to take the conversation where it will go. But please note, I intend to post in the next few days about the requirement that multi-family zoning under the law and the guidance must allow housing that is suitable for families with children. That might be the better place for the inevitable and important discussion about the impact of these requirements on school capacity.