To: City Council
CC: Chief Operating Officer Michael Tusino
City Solicitor Kathryn Fallon Manupelli
Planning Director Sarkis Sarkisian
Planning Board Chair Kristina Johnson
First Assistant Solicitor Bridget Bradley
Public Information Officer Susan Scully Petroni
From: Mayor Charlie Sisitsky
Date: December 23, 2024
RE: City of Framingham Compliance with MBTA Communities Act (MGL c. 40A 3A)
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Earlier today, my administration submitted an application to the Commonwealth of Massachusetts Executive Office of Housing & Livable Communities (EOHLC) requesting that the City of Framingham be deemed certified as compliant with the MBTA Communities Act.
I want to emphasize that this request to EOHLC does not supersede or interfere with the City Council's legislative process, which has been postponed until February 2025.
Today, December 23, 2024, the City of Framingham submitted the request that the Central Business District multi-family zoning, which was approved by Town Meeting in 2015, be deemed compliant with the MBTA Community Act.
As a policy matter, it is my belief that new housing should be developed throughout the City of Framingham, rather than being concentrated solely in the Central Business Zone downtown, but as Mayor, one of my top priorities is to be fiscally responsible to the taxpayers.
Failure to comply with the MBTA Communities Act could result in significant financial losses for the City, potentially amounting to loss of millions of dollars, as well as the risk of litigation.
My decision to submit only the Central Business District land to the Commonwealth, comes with some relief to downtown residents, too.
First, the zoning district request as submitted to the Commonwealth only includes multi-family zoning under 30,000 square feet, and does not include mixed-use zoning, which is a permitted use with a special permit, in the Town Meeting-approved Central Business District zoning.
There is no change to the current City zoning with this submission. Mixed-use buildings are still allowable through a special permit.
The City Council had requested that my administration review the City’s compliance options with the Executive Office of Housing and Livable Communities (EOHLC).
In light of this request, I have determined that it is in the best interest of the entire City to submit the request to deem the Central Business multi-family zoning district, approved by Town Meeting in 2015, as compliant for the MBTA Communities Act.
This is necessary to prevent the potential loss of grants and other funding from the Commonwealth.
I would like to emphasize that I have actively engaged with residents in my Nobscot neighborhood, reviewed all correspondence from individuals residing in the 01701 area, and held a District 3 meeting in October to hear the concerns of residents opposed to a potential development along Edmands and Edgell Roads in District 3.
Some may question why the City did not submit the Central Business District Zone proposal months earlier this year.
However, the City’s interim compliance was based on the Central Business District, but several concerns were raised BY EOHLC and residents on full compliance.
I was also actively listening to the residents of the 01702 zip code. Many community members feel that downtown is already saturated with an excess of apartments and have urged the City to take a more balanced, across all Districts, approach in addressing overall housing developments.
The submission of this request to EOHLC does not alter what is currently allowed in the Central Business multi-family zoning approved by Town Meeting members, almost a decade ago.
In submitting this application for the Central Business Zoning to the Commonwealth, I am adhering to state law as well as the city zoning regulations that were approved at the Town Meeting in 2015.
I cannot emphasize enough that this submission of the Central Business multi-family zoning, which I hope will receive approval from the Commonwealth, does not preclude the City Council from continuing its public hearing on MBTA zoning in 2025 and considering the addition of further parcels.
The potential, not guaranteed, estimated housing unit capacity under this submission is 6,286, with all 100% within a half mile of the Commuter Rail station at Routes 135 and 126. The Commonwealth is only requiring 4,355 unit capacity.
I have instructed the City’s Public Information Officer to post this memo to the City Council on the City’s website and other communication channels.
Please contact me directly if you wish to discuss or have questions