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Watertown Square / MBTA Communities Law FAQ
QuestionI heard that the state has mandated that Watertown must create 1,701 housing units. Is this true?
No. The state is requiring the City to zone for 1,701 multi-family units; it is not mandating housing production.
This requirement comes from the so-called “MBTA Communities" law (Section 3A of MGL Chapter 40A), which was passed in January of 2021. The Massachusetts Housing Partnership posted the following about the MBTA Communities law on April 13, 2022 in this article:
“Myth: Law requires the production of multi-family housing.
Fact: Compliance with Section 3A requires that cities and towns create zoning districts where multi-family housing will be permitted [by right].”
QuestionIf the state isn’t mandating that Watertown build 1,701 units, what is it requiring?
The state is requiring Watertown to establish a zoning district with a “unit capacity” of 1,701 by-right multi-family units.
Unit capacity is not the number of new units that will or must be built. It is what could be built if nothing were on any of the lots and if every landowner decided to develop their lot to the maximum extent allowed by zoning. Unit capacity does not consider what is on the property now, the owner’s plans for their property, or what is profitable.
QuestionWhat does “by right” mean?
"By right" means a development project can be built without needing the special permission that is typically given by Watertown’s Zoning Board of Appeals. This “special permit” typically allows the Board to deny or change a proposed project, which creates a lot of uncertainty for somebody who wants to build housing. A property owner can feel more confident that they can build something if it’s allowed by zoning and a special permit is not required – in other words if it is by right.
Here are a few key facts about by-right zoning:
- It’s still zoning and therefore includes limitations on what can be built – for example, maximum heights and design standards.
- It still allows for a public review process – for example, site plan review by the Planning Board.
- It does not change rules that require review by the Historic District, Historical, and/or Conservation Commissions for specific properties.
QuestionHow is this related to the Watertown Square Area Plan?
There was near-unanimous agreement during the 2022-2023 Comprehensive Plan process that Watertown Square needs to change, and that change should be a high priority. Much of that focus was on sites that are not very walkable. Most also agreed that having more people living around a walkable Watertown Square was essential. The Watertown Square planning process, begun in October 2023, is about how to transform the Square, including how to promote the kind of housing development we want. Complying with the MBTA Communities Law was, and is, a part of that holistic look at the Square.
QuestionHow does the City define the Watertown Square Area?
The 167-acre Watertown Square Area Plan extends west along Main Street to Lexington Street, south along Galen Street to the Newton line, east along Arsenal Steet and N. Beacon Steet to Irving Street, and northwest along Mt. Auburn Street to Patten Street. This study area includes Watertown’s traditional downtown with shops and the library, but also includes areas with many automobile-focused businesses including tire stores, gas stations, and car dealerships, which make it difficult to sustain a vibrant and walkable center for Watertown.
An image of Watertown Square Study Area with labels identifying important locations for the plan. (1 = Watertown Square Delta; 2 = Charles River; 3 = auto-centered uses on Arsenal Street).
QuestionWhat is the City proposing for Watertown Square?
The Watertown Square Area Plan process is still underway! The City started this process with no prescribed plan for the square – just an interest in making it better. We continue to lead a robust public process to develop a plan for the Watertown Square area that will recommend street and urban design improvements as well as zoning changes. The goals of the process are to:
- create lively public spaces
- create streets that are safer for walking, biking, and public transit usage
- help small businesses thrive
- activate and expand open spaces
- improve access to the Charles River
- expand housing options
- explore opportunities for public art
- promote our historic structures
- and more
When the recommendations are finalized, the Watertown Square Area Plan and proposed zoning changes will be submitted to the Planning Board and City Council for a formal review and approval process, which will provide more opportunity for community feedback.
QuestionI heard the City wants to add more than 6,000 units in the square. Is this true?
A key part of the Watertown Square Area planning process is to replace the existing zoning in the plan area with new zoning rules that will ensure we get better development projects AND enable the important priorities that came out of the planning process.
At the February 29, 2024 community meeting, we showed a few options for this new zoning and asked the community how far we should take that “unit capacity” discussed above in response to Question #2. One option showed what would happen if we included the entire plan area as by right, which zones for over 6,000 units – way beyond the 1,701 units we are required to zone for. Remember, this doesn’t mean that 6,000 units will actually be built in the plan area. In fact, multi-unit housing could be built on many of the sites in the plan area under current zoning rules (although it requires that “special permit” we discussed in response to Question #3), but they remain tire shops, gas stations, car dealerships, and small retail buildings. Making more sites by right will likely result in more housing being built, but it won’t be 6,000 new units – and likely not even 1,701.
QuestionCan you tell me more about the public process?
The Watertown Square Area planning process began with a kick-off meeting on October 17, 2023. It was followed by a three-day design charette from November 28 to 30, an event that connected community members to planners, designers, and City officials so they could collaboratively create a shared design plan for Watertown Square. A community meeting was held on February 29, 2024, that summarized feedback from previous events and presented the two proposals for consideration: one called “Four Corners" and one called "Mini-Main Street.” The meetings were livestreamed, broadcast on WCATV, and recorded for later viewing. The City also worked with Watertown Community Conversation to host “kitchen table” meetings and has released two surveys to date to bring even more voices into the discussion about the future of Watertown Square.
The process started with a blank page. Consultants, staff, and the public created many options for the intersection, design, and zoning of the Square and have continuously refined them in response to community feedback. We now have two intersection designs and a few options of how we might approach zoning and development, all of which were presented at the February meeting. We conducted surveys during and after the meeting and are using that information to plan for our next community meeting, where we will share one refined idea for the street design and one refined idea for development and zoning. Then we will get feedback on that and adjust it again.
The most recent community meeting was on April 4, 2024.
QuestionHow can I learn more?
Visit the Watertown Square Area Plan website.
Read more about the MBTA Communities law:
QuestionI couldn’t make the April 4th meeting . . . what do I do?
The meeting on April 4, 2024 was also be streamed online and on WCATV and be available to be viewed later. We will have another online survey that you can fill out even if you’re not able to attend the meeting.
When the survey closes, staff will look at the feedback from the public forum and the survey and put together a recommended Watertown Square Area Plan and zoning amendment that will be submitted to the Planning Board and City Council for their review and discussion, a process that will also include opportunity for public input.
So… even if you were not able to attend that meeting, there are plenty more opportunities to provide feedback, and we really need and want to hear that feedback. Thank you!