MBTA Communities Act

At the Special Town Meeting, the Warrant Article passed 250-29, so Dover will adopt the proposed update to the zoning bylaw that would allow multi-family housing by right in a specific overlay district location in Town, in compliance with the MBTA Communities Act Requirements. (section 3A, of MGL c. 40A)

MBTA Communities Act Special Town Meeting

Monday, September 29, 2025, at 7:00 PM

Mudge Auditorium, Dover Sherborn High School

9 Junction Street, Dover, MA 02030

The Special Town Meeting Warrant is available here.

The Special Town Meeting Executive Summary is available here.

Dover citizens will be asked to vote on a proposed update to the zoning bylaw that would allow multi-family housing by right in a specific overlay district location in Town in compliance with the MBTA communities' Act Requirements. Learn more here.

What is the MBTA Communities Act?

This law (passed by the State legislature and signed by former Governor Charlie Baker in 2021) requires that the 177 municipalities in the MBTA's service area (including Dover) have at least one zoning district of reasonable size in which multi-family housing (housing with at least 3 units on one piece of property) with no age restrictions and suitable for families with children is permitted as of right.

The requirement is codified as Section 3A of MGL c. 40A

MBTA Communities Act Proposed Overlay District and Zoning Bylaw

In order to be in compliance with the MBTA Communities Act the Town of Dover has prepared an Overlay District and a Zoning Bylaw for review and consideration at the September 29th Special Town Meeting.

Proposed MBTA Communities Multi-Family Overlay District - County Court - Tisdale Drive

Proposed Zoning Bylaw New Section 185-50 and Overlay District Map filed July 15, 2025:

To review the text of the proposed Zoning Bylaw please click HERE.

Proposed Zoning Bylaw New Section 185-50 and Overlay District Map Revision #1 and the Planning Board Report to Town Meeting

At their Meeting on September 8, 2025, the Planning Board held a Public Hearing on the MBTA Communities Act Zoning Amendment. As part of the Public Hearing the Planning Board considered revisions to the Text and Overlay District. The Public Hearing was closed and the Planning Board made a recommendation, as required to Town Meeting.

Revision #1 Filed with the Town Clerk on September 10, 2025 can be reviewed HERE. This is the most recently revised material on filed with the Town Clerk and the version to be voted on at STM.

Planning Board Report to Town Meeting can be reviewed HERE.

Resources for Dover Residents:

Selecting a location for the MBTA Zoning District:

The MBTA Communities Act requires that Dover create at least one zoning district of reasonable size in which multi-family housing is permitted as of right.

The Planning Board began its work to identify possible locations for an MBTA overlay zoning district in 2023. In the beginning, (5) locations were identified.

A presentation on the MBTA Communities Act was given to the Housing Task Force on March 27, 2024 by Dover's MBTA Compliance consultant Jeff Davis of Horsley Witten Group. Initially, five (5) identified locations were presented for consideration. Please click HERE to review slides produced by Jeff Davis of Horsley Witten Group in 2024 describing Dover's MBTA requirements and reviewing the compliance model with identified sites within Dover.
Over time, identified locations have evolved. In the coming months the Planning Board will be soliciting feedback to these and other possible zoning district locations. Please click HERE to view slides from a presentation given to the COA on February 26, 2025 that outlined Dover's compliance requirements and showcased (3) identified locations for potential overlay districts.
On March 25th and April 22nd, the Planning Board hosted a public information sessions on the Zoom platform for residents. During this session, the Planning Board shared information about Dover’s efforts to comply with the MBTA Communities Act and provided residents with an opportunity to participate in community polling regarding the location of an MBTA overlay district. A link to the zoom session can be reviewed HERE
Community Survey: In an effort to solicit resident feedback about the three (3) identified locations (and to secure resident input about locations which we are not yet aware of), the Planning Board worked with Horsley Witten to develop a Community Survey which received over 170 submissions online. In addition, the Planning Board conducted community pop polling at its Information sessions hosted on March 25 and April 22

Possible Zoning Locations:

The Meadows

County Court - Tisdale Drive

(This Location has been chosen as the MBTA Communities Multi-Family Overlay District)

Junction Street

Bylaw Development:

A draft MBTA Communities Act Zoning Bylaw and Overlay District Map Amendment was filed with the Board of Selectmen and the Town Clerk on July 15, 2025. See below in Summer of 2025 for more information.

More ways to learn:

Please Visit Our MBTA FAQ sheet Here For Answers To Frequently Asked Questions About MBTA Communities Act Zoning And Requirements
Explore the Massachusetts government MBTA Communities Act website - https://www.mass.gov/info-details/multi-family-zoning-requirement-for-mbta-communities

We don't have an MBTA station in Dover. Why do we need to comply?

Even though Dover does not have MBTA services within its borders, because it abuts a town that does provide services, it has been deemed to be an "Adjacent Small Town" and so must comply with the law.

Adjacent Small Town: Adjacent Communities of 7,000 people or less or a population density of less than 500 persons per square mile.)

What are Dover's compliance requirements?

By Dec. 31, 2025, Dover must establish and approve a zoning district that could (but is not required to) be developed at some point that:

Allows for a minimum of 102 units at a gross density of 15 housing units per acre.
Is not age-restricted and must be suitable for families with children
May or may not include affordable housing

So what do we actually need to do?

Select a district or districts to be zoned for MBTA compliance
Write a zoning bylaw regulating this specific type of development in the proposed district
Vote at Town Meeting to approve this bylaw and Zoning map amendment before December 31, 2025

The Dover Planning Board and Housing Task Force are discussing compliance strategies in open meetings, and will host public workshops to educate and engage residents, as well as public hearing(s) to discuss the proposed zoning language in advance of the 2025 Town Meeting. Dover is working with Horsley Witten Group to ensure the proposed zoning meets the State's requirements.

It should be noted that the MBTA Communities Act:

Does NOT require that multi-family housing, in fact, be built
Does NOT compel Dover to pay for or approve new infrastructure like sewer or water
Does NOT supersede or override Dover wetlands or Title V laws or any of Dover's general bylaws or regulations..

The law DOES allow Dover to maintain control of future development in the proposed district through our local regulations and bylaws and allows us to develop specific zoning regulations for any proposed MBTA multi-family district, such as design criteria, setbacks, and dimensional requirements.

What happens if Dover does not comply with the law?

If Dover neglects to meet the new MBTA requirements, the Town would lose access to the following state-funded grants per Section 3A of the law:

Housing Choice Initiative
Local Capital Projects Fund
MassWorks infrastructure program
Additional grant programs:
Community Planning Grants, EOHLC
Massachusetts Downtown Initiative, EOED
Urban Agenda, EOED
Rural and Small Town Development Fund, EOED
Brownfields Redevelopment Fund, MassDevelopment
Site Readiness Program, MassDevelopment
Underutilized Properties Program, MassDevelopment
Collaborative Workspace Program, MassDevelopment
Real Estate Services Technical Assistance, MassDevelopment
Commonwealth Places Programs, MassDevelopment
Land Use Planning Grants, EOEEA
Local Acquisitions for Natural Diversity (LAND) Grants, EOEEA
Municipal Vulnerability Preparedness

Attorney General's Advisory Guidance (March 2023):

"All MBTA Communities must comply with the Law. Communities that do not currently have a compliant multi- family zoning district must take steps outlined in the EOHLC (DHCD) guidelines to demonstrate interim compliance. Communities that fail to comply with the Law may be subject to civil enforcement action."

In January 2025 The Supreme Judicial Court ruled in the Attorney General vs. Town of Milton case that "Conclusion. For the foregoing reasons, we declare that the act creates an affirmative duty for each MBTA community to have a zoning bylaw that allows for at least one district of reasonable size where multifamily housing is permitted as of right, as dictated by G. L. c. 40A, § 3A, and that the act's delegation of authority to HLC to promulgate guidelines does not violate art. 30 of the Massachusetts Declaration of Rights. We further declare that the Attorney General has the power to bring suit for declaratory and injunctive relief to enforce § 3A and its corresponding guidelines."

On June 6, 2025 the Massachusetts Superior Court ruled on a lawsuit brought by the Towns of Duxbury, Hanson, Holden, Marshfield, Middleton, Wenham, Weston and Wrentham, and Hamilton residents related to the State Auditor’s February 2025 declaration that the MBTA Communities Act was an “unfunded mandate.” The Court dismissed the complaint stating that the Auditor’s determination was “flawed as a matter of law,” and that the regulations “do not compel construction. They merely encourage it.”

Helpful terms:

Here are some key terms that you will hear a lot in discussions about MBTA Communities Act compliance in Dover. We'll keep adding to this list:

Zoning is the principal way in which towns like Dover regulate the use of land within its borders.
The Zoning Bylaw is the legal framework that regulates development in Dover. It has two major parts: the official zoning map that illustrates how the town is divided into different zoning districts, and the zoning text that describes the regulations that apply in each district.
As of right means that development projects that comply with the zoning bylaw can move through the approvals process (Site Plan Review) without requiring any discretionary approvals such as special permits, variances, or waivers. Sometimes this is also referred to as "by right"
Multi-family housing means a building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than 1 residential dwelling unit in each building.
Unit capacity refers to the total number of units that could be placed on one piece of property, based on the town's zoning regulations. Unit capacity is not a count of existing homes nor a projection of what will be built, it is an estimated count of what is technically allowable.
Overlay District is a Land Use zoning district that adds additional regulations to an area within a defined boundary.

MBTA Communities Act: What to expect in 2025

In the coming months there will be many opportunities for citizen engagement in this process. We sincerely want your input and feedback. Please email Town of Dover Planning Department (planning@doverma.gov) to share your thoughts, review past materials that have been posted on this page, and familiarize yourself with the MBTA Communities Act. Make sure to fill out the upcoming Town Survey in February and join one of our Public Information sessions. Stay abreast of ongoing developments by checking this page regularly for updates and attend a special Town Meeting in September to make your voice heard.

January 2025:

Planning Board approved the proposal to hire Jeff Davis of Horsley Witten on January 27, 2025 as project consultant for this work in 2025
First draft of MBTA Communities Act Bylaw will be posted on Town Website
Dover was notified by EOHLC that the town remains in interim compliance with Section 3A under 760 CMR 72.00 Multifamily Zoning Requirement for MBTA Communities until December 31, 2025. You may read that compliance letter here.

February 2025:

February 26, 2025: Planning Board Presentation to the COA at 11:00 at the Dover Library
Notification to owners and abutters of locations currently identified as potential MBTA overlay districts (sent February 28, 2025). That notice can be found here.

March 2025:

A town-wide Survey will be released by the Planning Board focused on Overlay District Locations and citizen feedback. That can be found here.
March 25, 2025: Planning Board Information Session #1 to discuss MBTA Communities Act compliance. The meeting link will also be posted to the Town Calendar.
On March 25th, the Planning Board hosted a public information session on the Zoom platform for residents. During this session, the Planning Board shared information about Dover’s efforts to comply with the MBTA Communities Act and provided residents with an opportunity to participate in community polling regarding the location of an MBTA overlay district. A link to the zoom session can be reviewed HERE.

April 2025

On April 22nd, the Planning Board hosted a public information session on the Zoom platform for residents. During this session, the Planning Board shared information about Dover’s efforts to comply with the MBTA Communities Act and provided residents with an opportunity to participate in community polling regarding the location of an MBTA overlay district. A link to the zoom session can be reviewed HERE.

May 2025:

Dover Annual Town Meeting. Please note: there will NOT be a vote on MBTA Communities Act compliance at Annual Town Meeting this Spring
Ongoing Legal Review of proposed bylaw language and overlay district location
The Planning Board submitted the draft bylaw and proposed overlay district to EOHLC on May 15, 2025

Summer 2025:

EOHLC Pre-Adoption Review of Dover's MBTA Communities Act Draft Zoning Bylaw and Overlay District Map have been completed. A copy of the comment letter dated June 27, 2025 can be found HERE.
On July 15, 2025 the Planning Board submitted the Draft Zoning Bylaw and Overlay District Map Amendment for the MBTA Communities to the Board of Selectmen. At their July 24, 2025 meeting, the Planning Board presented the Amendment LINK TO PRESENTATION and the Board of Selectmen by unanimous vote motioned to transmit the Zoning Amendment to the Planning Board for review. A copy of the package that was submitted can be found HERE.
In August the Draft Zoning Bylaw and Overlay District Map Amendment is undergoing a Pre-Adoption review by the office of the Attorney General.
On August 18, 2025 the Planning Board hosted an All Board and Committee Meeting on ZOOM to provide further information and progress updates to the Town. To review the presentation please click HERE.
On August 26, 2025 the Planning Board hosted an Information Session on ZOOM for the residents and property owners of County Court (Location of Proposed MBTA Overlay District). To review the presentation please click HERE.

September 2025:

Town-wide mailing containing information about MBTA Communities Act
Sept 8: Planning Board Public Hearing #1. The link for this meeting may be found here. The meeting link will also be posted to the Town Calendar.
Sept 15: Planning Board Public Hearing #2. The link for this meeting may be found here. The meeting link will also be posted to the Town Calendar.
Sept 29: Special Town Meeting to consider and vote on the MBTA Communities Zoning Bylaw and related Overlay District

November 2025:

November 17 Special Town Meeting #2 if needed

Actions taken to maintain compliance prior to 2025

The Town of Dover began taking action toward compliance in 2023. Here is a list of actions take prior to 2025 to maintain interim compliance with the MBTA Communities Act.

How is the MBTA Communities Act different from Chapter 40B?

The key differences between Chapter 40B and the MBTA Communities zoning requirement in Massachusetts are:

MBTA Communities Act (Section 3A): emphasis is on multi-family housing

Requires MBTA communities to have at least one zoning district allowing multi-family housing as-of-right.
Does not mandate the inclusion of affordable units, but the housing must be suitable for families.
Applies only to the 177 cities and towns served by the MBTA transit system.
Non-compliant communities become ineligible for certain state housing, infrastructure and transportation funding programs.
Aims to promote transit-oriented housing development near public transit to increase housing supply.
Allows Dover to control where and what, from a design perspective, gets developed.

Chapter 40B: emphasis is on affordable housing

Allows developers to override local zoning bylaws and regulations if a town has less than 10% affordable housing stock, in order to build affordable housing developments. Once approved by the State, Dover cannot reject a development except through legal action.
At least 20-25% of units in the affordable housing development must be income-restricted as affordable.
Developers can appeal to the state Housing Appeals Committee if their project is denied locally in non-compliant towns.
Applies statewide to all cities and towns that don't meet the 10% affordable housing threshold. Dover does not currently meet this threshold.

For more information on Chapter 40B in Dover, please visit our 40B information page here.