Home | Needham Residents for Thoughtful Zoning

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Highland Ave Today

Architect’s rendering of same location using state-mandated rezoning guidelines

Highland Ave Today

Architect’s rendering of same location using state-mandated rezoning guidelines

Highland Ave - Same Location - from HONE packet

**FOR IMMEDIATE RELEASE** November 24, 2024

**NEEDHAM, MA** Needham Residents for Thoughtful Zoning

YOUR VOTE MATTERS

With 3,927 signatures certified and 95 pages (containing over 360 additional signatures) remaining uncounted, the Needham Town Clerk declared the threshold for a referendum election set by the Needham Town Charter met. A Select Board Meeting scheduled for Monday night at 6:00 PM will set the date for the election.

We support housing, compliance with the MBTA Communities Act and thoughtful zoning.

We ask everyone to vote “No” to void the narrowly passed (118 – 90) extreme 3,296 unit plan, nearly double the state required 1,784 units. This overly-compliant plan allows large and dense developments of up to 4 1/2 stories. This plan sacrifices Needham’s control over its zoning while failing to include provisions for senior housing and neighborhoods.

The fully compliant “Base Plan,” was overwhelmingly approved by the vote of Town Meeting in October. It was fully supported by the Select Board, Planning Board and Finance Committee. This Plan allows Needham to comply with the state law and still maintain our ability to encourage development that is good for Needham: senior housing, smaller developments, and starter homes. It better protects our existing small businesses.

We trust the residents of Needham to understand the zoning proposals and to decide what is best for our town. We encourage everyone to get the facts.

After the referendum vote, town meeting can be scheduled quickly to re-enact the “Base Plan”.

The Needham Residents for Thoughtful Zoning represents all age groups, political affiliations, and geographical neighborhoods. What unites us is a shared commitment to a fair and transparent process. We believe that citizens are key stakeholders who deserve a seat at the table.

MBTA compliance has no bearing on the School Building Authority funds.

School Capacity: “Temporary Classrooms, Redistricting and/or Higher-Class Sizes as needed.” – Town Memo

Uncontrollable Growth: Property tax increases with $330 mil proposed for Pollard. Unknown amounts for Mitchell and High Rock. Hundreds of millions more for unknown infrastructure projects now being “studied over the next 1-3 years.”
Property Values Destabilized: Flooding the market with housing 1,868/3,294 housing unit “by-right”rezoning
Congestion, Traffic and Quality of life: Rezoning was submitted to the state without a traffic study.
Big City Zoning, Small Town Damage: Urban zoning isn’t a one-size-fits-all solution—what works in the city can be highly detrimental to our small town.

Who is NRTZ?

The Needham Residents for Thoughtful Zoning represents all age groups, political affiliations, and geographical neighborhoods. What unites us is a shared commitment to a fair and transparent process. We believe that citizens are key stakeholders who deserve a seat at the table.

This website is provided for your convenience and education regarding the town re-zoning proposals for Needham. Many have invested countless hours in researching and following this complex and important issue. We hope this website is informative and helps you to clarify the potential impact(s) to our Needham neighborhoods and community. Thank you for your interest.
What is the MBTA Communities Act?
The MBTA Communities Act is a Commonwealth of MA government directive that mandates 177 communities in the greater Boston area to rezone for high-density, multifamily housing near public transit stations. This mandate, while it may be well intentioned, has raised questions and concerns within many towns and cities.

The MBTA Communities Act began as a three-paragraph section in the 2021 law (Section 3A of MGL c. 40A) signed by then-governor Charlie Baker. It was an economic stimulus plan, with those three paragraphs written for “affordable housing.” The designation of “affordable” was then later removed by the administration and the Executive Office of Housing and Livable Communities. EHOLC was created to determine if an MBTA community is in compliance with this section. The EHOLC has written and revised these complex guidelines as late as August 2023, and they are subject to continued change by the legislature or administration. Read the full text of the Section 3A guidelines here.

The MBTA Communities Act requires 177 municipalities in the greater Boston area to have at least one zoning district of reasonable size in which multifamily housing is permitted “by right” and meets other criteria set forth in the statute, such as:

a minimum gross density of 15 units per acre

not more than ½ mile from a commuter rail station, Heights, Center, Junction, Hersey.

The Act asks Needham to change local zoning and to enable developers to build high-density multi-family housing projects in the centers of Needham.

As you’re probably aware compliance to this mandated rezoning is not unanimous. A recent Boston Globe poll asked whether “your town should comply with the MBTA Communities Act expanded zoning for multifamily housing?” 83% of respondents said “No.”

Milton Select Board “There are legal questions about the MBTA Communities Act (“MBTA CA”) that need to be answered.” LINK to PDF letter

Billerica Select Board “The MBTA Communities law has seen a level of opposition in just about every city and town it is affecting in eastern Massachusetts, and Billerica seems to be no exception. Even on the Select Board, where unanimity has been rare for big issues, there seemed to be a general consensus of seeing whether the town of Milton’s case against the state mandate has any legal merit.” Article

MBTA Communities compliance map. SEE LINK (Just hover over each town to see its current status)

We urge caution. This mandate and the state’s ability to regulate how our land is used has not yet been tested, and it has not been litigated. More importantly, the guidelines outlined in Section 3A remain fluid, and will be modified again as “real world” implementation begins in the future.
What is “by right” zoning?
Essentially, “by right” zoning is a streamlined approval process that enables developers to bypass our long-established special permit process. The question, of course, is “who sets those “by-right” standards?”

For Needham, “by right” zoning means that the town effectively transfers control of zoning requirements to the Commonwealth of Mass EHOLC. The EHOLC is an unelected body and sets the rules for all properties rezoned under the MBTA law, and sets the guidelines which they will then enforce (or change at their discretion).

The long list of rules are enumerated in the Section 3A Guidelines of the MBTA law, some of which contain inherent contradictions. In brief, here are some that will significantly impact what would happen in Needham:

The guidelines require that multifamily housing be suitable for families with children.

The guidelines prohibit designating the housing for specific age groups (e.g.: the elderly).

The guidelines disallow holding up building permits for multifamily housing developments.

The guidelines do not allow any restrictions on the number of bedrooms in a “housing unit.”

The guidelines do not say occupants must be related.

The guidelines do not allow any restrictions on the number of occupants in a “housing unit”

(For example: A 6 bedroom/6 bath housing unit with a central kitchen and living room could be classified as a single housing unit) Alternatively a two bedroom apartment unit can house two unrelated families.

Abutters to a development will have little or no say as to the design or construction of these 3 or 4 story high-density housing projects in their neighborhood.
What rezoning is being proposed for Needham?

To comply with the state’s mandate to rezone for multifamily housing, Needham’s HONE Advisory Group worked with RKG, the urban planning consulting firm that also worked with the state of Massachusetts and its EHOLC to develop the models that define the rules of compliance with the MBTA Communities Act.

For Needham, the state mandates rezone areas within a half-mile commuter rail stations for 1754 multifamily housing units. The HONE Advisory group ended up recommending two options:

Option 1 – a rezoning that would generate 1868 multi-family housing units (named the “Base Compliance” plan), allowing for 3 story high-density multi-family housing.

Option 2 – a rezoning that would generate 3294 multifamily housing units (named the “Neighborhood” plan), allowing for 4 story high-density multi-family housing.

Geographically, this proposed rezoning is concentrated primarily in the Heights, Center and Junction, in the already most-congested areas of Needham.

HONE/ RKG Maps

Under both rezoning proposals, units are roughly distributed as follows:

50% in the Heights

25% in the Center

25% in the Junction, and

0% at Hersey (Birds Hill).

Two proposals were presented at a joint board meeting on 4/30/24. These proposals were then sent to the state for pre-approval on 5/01/24.

Town meeting voted on October 21, 2024. This is in advance of the Massachusetts Supreme Judicial Court hearing the Milton case to resolve the many legal questions of this new, untested MBTA Communities Act. LINK to Milton Letter.

Details can be found HERE in the final recommendations (see page 80 of 194 page report by HONE, Housing Needham Advisory Group.
Why are Needham’s leaders proposing “over-compliance”?
The MBTA Communities Act is a Commonwealth of MA directive that mandates rezoning with the removal of protective special permit requirements. The goal is to incentivize profit driven developers to tear down and re-develop multi-unit housing within the rezoned districts.

Mandated compliance for Needham is for 1,754 units of multi-unit housing.

HONE Advisory Committee’s over-compliance “Base” proposal is for 1,868 units or 6.5% over-compliance. HONE’s “Neighborhood” or JUMBO proposal is for 3,294 units or 50.0% over-compliance.

What these proposals mean: Needham population is approximately 33,098 people. The JUMBO “Neighborhood” proposal could result in an unrestricted and indeterminable increase in Needham’s population.

How do Needham proposals compare to other towns? To date, we have not found any other town that has proposed a JUMBO rezoning option 50% larger than the state required mandate, nor have we found in our research any other town that has proposed two re-zoning plans.

Why these outlier Needham proposals? These proposals rely on a critical “likely to be developed” assumption provided to HONE committee by RKG, the consulting firm engaged to assist HONE in their over-compliance effort. The RKG assumption is that Needham property owners will NOT sell their property to developers unless they achieve a 50% increase in value. Below is an excerpt from a related citizen letter from HONE packet.

“Why is 50% increase in value the correct threshold to use when deciding which properties will have a propensity convert? ,,,,,, Won’t owner’s sell if there is a much less, such as a 10% increase or 20% or 30% increase in value? …. maybe I just didn’t notice when free market principles stopped applying within the borders of Needham”

Facts not considered by “propensity” assumption model: Property markets are influenced by a variety of factors, not just value increases. Owner Intentions: Owners may have different motivations for selling or converting properties, such as financial needs, market conditions, or personal circumstances. Government or Private Funding: Owners may face difficult decisions should big-money offers be placed on their properties. Would they refuse a potentially once-in-a-lifetime offer?

Lack of Factual basis: The RKG model is based on assumptions rather than proven facts. It’s important for residents and town meeting members to recognize that these key assumptions and opinions may not be accurate.

Conclusion: The 50% increase in value threshold chosen by RKG is a critical assumption underlying the HONE/ RKG’s assertions that developers will NOT come and tear-down/re-develop Needham. This threshold is unsupported to date implies Needham property owners are immune to economic realities. In fact, research indicates that Needham land is highly valuable to developers. HONE/ RKG’S models which promote a more is better approach, in fact are only assumptions and are not factual therefore require caution and further scrutiny.
Isn’t this going to provide “affordable housing”?

No

“b. Affordability requirements: Section 3A does not include any express requirement or authorization for an MBTA community to require affordable units in a multi-family housing project that is allowed as of right.”

Many people mistakenly believe that rezoning for high-density multifamily housing automatically creates a large inventory of affordable housing in Needham, accessible to our children when they want to remain in town after they’re on their own, or for our elderly to downsize and stay in Needham. For most of the units that would be built, however, this will be market-rate housing, not lower-cost affordable housing.

….. it’s designed primarily for rentals…. families may be able to live in town, but “you’ll never be able to build equity,” Keane said

Needham has a goal (but not a requirement) of 12.5% “affordable housing,” accessible to residents earning less than 80% of the adjusted gross median income. (The state mandate for compliance under 2A is 10%).

These “market rate units” vary however are currently renting for $2200, $3000 to $3,828 or more per month for a one-bedroom apartment alone. Using the rule of thumb that one should spend no more than 30% of income on housing; these market rate units are not affordable for many.

It’s important to remember that the state also has the power to provide housing affordability by offering residents any one of a variety of tax payer funded programs such as:

Ø Section 8 vouchers (a federal program that helps lower-income families and specifically-identified subgroups pay their rents in the private marketplace)

Ø Chapter 40B (a commonwealth law that streamlines the permitting process for projects that utilize subsidized financing to accommodate lower-income residents), or

Ø SNO Mass vouchers (Supporting Neighborhood Opportunity in Massachusetts), a program designed to help families with school-aged children move into communities with high-quality schools, open space, and healthy, safe environments.

Ø The workforce development program offered by Mass Development. Needham has proposed an additional 7.5% of the units built be workforce development. This may offer additional incentives to developers through this program.

While the MBTA Communities Act was designed to increase the inventory of housing in Massachusetts, it is not an affordable housing Act.

More important, the Act is brand-new, untested and currently facing legal challenges from a number of communities. There could be any number of unintended consequences to complying with the MBTA Communities Act, but the most predictable consequence is a loss of local zoning control over 100 acres of private Needham land.

The Executive Office of Housing and Livable Communities (EOHLC) was established in 2023 to create more homes and lower housing costs for Massachusetts residents. EOHLC also distributes funding to municipalities, oversees the state-aided public housing portfolio, and operates the state’s Emergency Family Shelter (EA) program.
When would we see the impact of rezoning?
Throughout the RKG report and town memo, submitted by HONE Advisory, there’s an underlying belief that growth from the MBTA Communities Act will follow normal organic growth patterns, which are very slow. In fact, the RKG absorption modeling projects “it could take 19 years to absorb the Base Scenario Full Build and 34 years to absorb the Neighborhood Housing Plan Full Build. Propensity Model likely build out could be in the 2–10-year timeframe for the base and 10+ years for the Neighborhood Housing Plan.”

Our research suggests that development will occur much more rapidly for 4 major reasons:

When Kendrick (390 units) and Modera (136 units) were built in Needham, it took only 4 years for those 526 new units to be leased. Owners of the Carter Building have already had informal discussions to develop 187 or more (237) – or 10% of the Base proposal.

NRTZ’s research has indicated that properties across the MBTA communities are already under consideration for purchase and/or redevelopment and in some cases before zoning is approved. Given its suburban character and the quality of its schools, Needham is very attractive to developers, who are paying close attention.

The MBTA by-right rezoning mandate once in place, effectively bypasses Needham’s long-established “special permit” process that has traditionally been used to manage growth and provide neighbor/ resident input. Neighbor and citizen input will be removed with the by-right rezoning.

State and federal funding will be the accelerants to faster growth, including:

Current Massachusetts legislation designed to jump-start housing production

Transportation Infrastructure Finance and Innovation Act (TIFIA)

HR 3684, the Infrastructure Investment and Jobs Act

Massachusetts’ Affordable Homes Act (signed into law in 2023) as well as other state or federal subsidies that incentivize developers to take advantage of this opportunity to get into suburban communities like Needham.

Can growth happen fast? Yes, especially if there are external stimuli to boost it. The MBTA Communities Act provides those stimuli with new legislation (untested rules), new concepts (mandated rezoning), new players (the state) and new big money (state and federal funding) all working in tandem to speed the process of building high-density, multifamily housing in Massachusetts.

Has fast growth ever happened in Needham? Yes. Given equally powerful external stimuli during the post-war period, it took only 20 years (1950-1970) for the population of Needham to double.

We believe it is folly to assume that it will take 19 or 34 years to build and absorb the new housing units of the MBTA proposed rezoning plans.
How will rezoning impact you?
While the HONE Advisory Committee report and accompanying town manager memo suggest that there’s nothing to worry about, the straightforward answer is that “no one really knows.”

There are a number of important questions that must be answered before Town Meeting members can make an informed vote on zoning. These include:

IMPACT ON YOUR HOME’s VALUE: There’s no doubt that 3 or 4 story high-density developments will change Needham’s landscape, as well as market values and neighborhood desirability. Abutters to the rezoned areas will be affected most, as they face impacts on their home values once the 3-4 story high-density developments are under construction. Quality-of-life for long time Needham residents could be significantly impacted as well.

IMPACT ON INFRASTRUCTURE UPGRADES/ PROPERTY TAXES: Every infrastructure has capacity limits, and Needham’s was designed and built to support primarily single-family residential housing. And our infrastructure is aging.

From Town MEMO April 22, 2024: “DPW has several plans to investigate and manage the Town’s infrastructure through master plans in the next 1-3 years for transportation, sewer, water, and drainage. These plans will provide the department with a comprehensive study of the age and condition of our infrastructure, identify locations for needed replacements and upgrades, and inform the prioritization of these projects. The DPW has requested funds to ‘study’ water pipes, sewer pipes, and storm-water drainage over the next 2 to 3 years.”

Will our town’s water, sewer, storm water, roads and schools be able to support hundreds (potentially thousands) of new residential units concentrated in the Heights, Center and Junction area of Needham? We don’t know. By rezoning, are we not signing off on hundreds of millions in capital investments, which most likely will be required?

The Select Board needs to explain how the town will pay for capital infrastructure upgrades to support these high-density housing developments. This question must be answered ‘before’ any vote on rezoning.

IMPACT ON TRAFFIC CONGESTION: If you’ve ever driven through the already congested roads through the Heights, Center and Junction areas, or when the train comes through and traffic is stopped, or by the high school when there is severe flooding, then you know the impact of placing hundreds, if not thousands, of new high-density multi-story housing units into these areas. Note: Hersey, the least congested area of Needham was excluded for rezoning by HONE. The town has commissioned a traffic study, but results are not yet available.

IMPACT ON PARKING: The fact that new multifamily housing will be clustered within a half-mile of Needham’s commuter rail stations (excluding Hersey) will be good for residents who use the commuter rail – However with an allocation of only 1 parking spot per unit under the rezoning proposals, our Select Board needs to explain where all the cars will go? (hint, in your neighborhood?)

IMPACT ON TOWN FACILITIES: At 1868 units, the Base proposal can conservatively anticipate over 2300 new residents in the Heights, Center and Junction (Hersey was excluded). At 3294 units, the large proposal (named Neighborhood proposal) can conservatively anticipate over 5300 new residents. Will our library, hospital, pool and other town resources be able to accommodate thousands more users?
What would be the impact on our schools?

Needham’s highly-ranked schools are its pride and joy, and they have always been a top reason why families relocate to this town. Under the rezoning proposals, these multi-unit buildings will be a more powerful draw to young families.

(NPS) Needham Public schools is the largest line item on the town’s budget: over $92 million per year spent as an investment in excellence. This budget depends heavily on the number of students in the school district. Knowing how many new students would be added to the rolls by either of the MBTA rezoning proposals is critical.

The HONE report projects only minimal growth in our school population from rezoning: based on RKG’s assumptions, despite no restriction on the number of bedrooms or occupants per unit built, they only anticipate 8 new students per 100 housing units. This means they expect only 151 students from a full build-out of Option 1 (the “Compliance” plan of 1868 units) and 264 students from a full build-out of Option 2 (the “Neighborhood” plan of 3294 units). These numbers make little sense!

Look at the current stats that Needham has 5,547 students coming from 11,312 housing units – a ratio of 49 students per 100 household. Comparable towns with a majority of single-family housing and highly-rated school districts have similar ratios (Weston at .54, Sharon at .56, Westwood at .54, Wellesley at .47, etc.) and so Needham’s numbers are totally in line.

Further, a standard statistical source (the ESI Residential Demographic Multiplier for Massachusetts) publishes benchmarks that suggest planning for 56 students per 100 single-family units, and 29 students per 100 multifamily units. (vs. HONE’s 8 students per 100 multifamily)

Even the city of Boston — replete with multifamily housing — currently has 17 students per 100 housing units. After much research, we could not find anything anywhere that validates the low student projection that RKG report is assuming for the rezoning proposals.

Why are accurate projections so important? There are three critical reasons:

1) We know that classroom overcrowding has a direct impact on the quality of education our children receive. The town memo reports that our current school buildings can accommodate enrollment growth (based on HONE/ RKG’s low projections) by increasing classroom size and adding temporary modular classrooms. Pollard is currently reporting undersized classrooms, inadequate space for science and performance arts, and 10 modular classrooms that are well beyond their useful life.

2) Our school master plan for Pollard, Mitchell and High Rock is a decade away with hundreds of millions in expenditures required. What if HONE/ RKG’s student enrollment assumptions are wrong?

Pollard reconstruction alone is now budgeted for $330 million, an expense that town leaders announced at the May Town Meeting which will trigger debt exclusions which will raise taxes to pay for new buildings.

3) The “fiscal impact” of the rezoning options, as calculated by HONE/ RKG, is currently positive – meaning that they believe that additional tax revenues will cover the incremental school and governmental costs generated by the rezoning proposals.

Since schools represent 39% of the town budget, moving from RKG’s lowball enrollment estimate of 8 students per 100 (updated to 13/100, 9-5-24) multifamily households to a more realistic — but still conservative — projection of 18 students per 100 multifamily households, quickly tips the rezoning proposals into a negative fiscal impact on the town’s finances.

Full slide deck presentation 9-5-2024

Even the town’s own “Needham 2025” plan says that we should plan for 17 students per multifamily household! We believe that we can realistically expect 18 or more students per multifamily housing, meaning that this could result in a major property tax increase, adding to an already significant tax burden that single family homeowners must pay.

What’s at risk here is not only money, but the quality of our children’s education and their future.