A Time of Change: What New Housing Laws and Developments Mean for Our Neighborhoods.

Today’s Topic: Housing in Ward 7.

As your City Councilor, I want to ensure you’re fully informed about what’s being proposed, what’s being required, and what it could mean for our neighborhoods.

Driven by a combination of new state laws and local development proposals, Ward 7 is expected to accommodate an increase in housing capacity, including:

• Mandatory rezoning to allow for 1,531 additional housing units in Ward 7 under the state’s MBTA Communities Law, aimed at creating more multifamily housing near transit.

• New allowances for Accessory Dwelling Units (ADUs) under a recently passed statewide law, enabling more small-scale housing options like in-law apartments and backyard cottages.

• Two proposed Chapter 40B developments that could add over 500 more housing units in Ward 7, with a portion designated as affordable.

These various housing efforts aim to address Massachusetts’ urgent housing shortage, improve affordability, and expand housing choices. But they also raise real and understandable questions for residents, particularly those living in long-established, single-family neighborhoods. Concerns about traffic, school capacity, infrastructure, and neighborhood character are valid, and I’m committed to ensuring your voice is part of the conversation.

In addition:

• Brandeis University has announced a new 631-bed residence hall on its campus to provide more student housing.

• Update on the Opportunities for Inclusion group home at 15 Fiske Avenue

In the sections below, you’ll find plain-language explanations of each initiative, how it affects our community, and its current status.

This update reflects the most current information available. Please note that details may evolve, and the information shared herein should not be considered legal advice or a final determination.

Waltham and the MBTA Communities Law

The MBTA Communities Law is a Massachusetts state law requiring 177 cities and towns served by, or near, the MBTA to allow more multifamily housing near public transportation or town centers. The goal is to ease the state’s housing shortage by encouraging communities to create zoning that supports apartments, condos, and other multi-family housing.

Waltham and other communities were required to establish MBTA Communities Multifamily Overlay Districts. An overlay district superimposes on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the respective underlying zoning district(s) remain in full force, except for multi-family dwelling uses now to be allowed as of right in the new overlay district.

This law does not mandate that Cities and Towns construct housing—it only requires zoning for it in appropriate areas, typically within half a mile of transit.

Q: What specific requirements must Waltham meet? A: According to the State’s calculations, Waltham must:

• Create one or more zoning districts allowing a minimum capacity of 3,982 multifamily housing units by right in the City (based on 15% of the city’s 2020 housing stock);

• Zone a minimum of 50 acres of land;

• Ensure a gross density of at least 15 dwelling units per acre;

• Locate at least 50% of that zoning area and unit capacity on contiguous lots within 0.5 miles of a commuter rail station.

Q: What does ‘by-right’ or ‘as-of-right’ mean? 
A: It means that a proposed project that complies with zoning rules does not require special or discretionary approval. It can proceed without needing a special permit.

Q: Where will these MBTA districts be located?
A: Waltham will rezone two areas to comply with the law:

• Ward 7: A 55.22-acre overlay near the Brandeis/Roberts Commuter Rail, including the Charlesbank housing development, nearby condominiums, two Brandeis-owned parcels, and existing office park/commercial sites along South Street, Sawyer Road, and Charles River Road. (A map and details are at the end of this section.)

• Ward 4: A 22.94-acre overlay near the Waverley Commuter Rail

Q: How many units are allowed?
A: Under the zoning model adopted by the City Council and pending state approval:

• The Roberts district (Ward 7) would allow up to 1,531 units;

• The Waverley district (Ward 4) would allow up to 2,186 units.

Q: What are the dimensional requirements of the eligible housing?
A: The council voted on a maximum of 4-family dwelling units in a single multi-family building in these zones.

• The minimum lot area for a multi-family use in these zones shall be 6,000 square feet.

• Maximum building height shall be 48 feet, and the maximum number of stories shall be four stories.  No story shall be more than 12 feet tall.

• The minimum lot frontage for a parcel shall not be less than 50 feet.

• Minimum front and side yard setbacks shall be not less than 10 feet. Rear yard setback shall be not less than 20 feet.

• More than one multi-family dwelling may be located on a single lot, provided there is a minimum of 10 feet between buildings and other dimensional requirements are met.

Q: Does this mean new buildings will be constructed?
A: Not necessarily. The law changes what can be built, not whether anything must be built.

Q: Is this for affordable housing?
A: No, there are no affordability requirements in the law, but Waltham has added a requirement that at least 20% of new units be considered affordable.

Q: What happens if Waltham chooses not to comply with the law?
A: The city could lose access to key state funding.

Accessory Dwelling Units (ADUs)

ADUs are often cited as a way to increase housing flexibility by creating additional rental opportunities, supporting multigenerational living, or providing space for caregivers or aging family members.

Massachusetts recently passed a law as part of the 2023 Housing Bond Bill to expand the ability to build ADUs. While Waltham has always had accommodations for ADUs in our City ordinances, this new state law makes it easier for homeowners to build an ADU by right.

• What’s an ADU?
  A smaller second unit on a single-family lot. An ADU can be attached or detached.

• What changed?
  Homeowners can now build ADUs by right or with limited local review.

• Do they have to be for family?
  No. Rentals are allowed.

• Can cities still regulate them?
  Yes.

• Do they still have to meet building code requirements?
  Yes. Building codes, permits, and inspections apply!

Waltham is in the process of finalizing our new ADU ordinance. Read the proposed ordinance language here.

New Apartments Proposed for Main Street

Two developments have been proposed for Main Street (Route 117) west of Route 128 under Chapter 40B.

What is Chapter 40B?

Chapter 40B is a state law (enacted in 1969) that enables developers to bypass local zoning restrictions in communities where less than 10% of housing is officially affordable, if at least 20–25% of their proposed units are affordable.

Under Chapter 40B, the developers do not need to go before the City Council for a Special Permit. The Zoning Board of Appeals makes the final decision. Input from the City’s engineering, fire, and building departments, as well as citizen input, is factored into the ZBA’s decision.

There are currently two 40B developments proposed/approved for Ward 7

West Main Apartments - 1362 Main Street

• Status: Under ZBA review

• Units Proposed: 369 total (93 affordable)

• Location: Currently the Plywood Supply site, 5.5 acres

• Affordable Unit Breakdown:

  -    10 studios

  -    45 one-bedrooms

  -    28 two-bedrooms

  -    10 three-bedrooms

• Parking: 554 spaces in a central garage (not visible from the street)

Note: Last year, the Council approved a special permit for an office/lab and garage on this site. The developer has since shifted to a 40B residential proposal and brought it before the ZBA.

Wood Partners - 1486 Main Street

• Status: ZBA approved

• Location: Current site of European Auto Solutions

• Units Proposed: 160 total, 40 affordable (35 at 80% AMI, 5 at 60% AMI)

• Notes: Located near the Weston border

• Approval: ZBA approved the project with conditions related to health, safety, traffic, design, and infrastructure

Brandeis Announces New 631-Bed Residence Hall

Brandeis University has announced plans for a new, state-of-the-art residence hall that will add 631 beds to its on-campus housing portfolio. Over the past year, the University hosted two neighborhood meetings to present the plans and address questions from residents. Construction is scheduled to begin in June 2025, with completion expected by Spring 2027.

The new residence hall will be located on the University’s lower campus, behind the Spingold Theater.

Designed by Boston-based William Rawn Associates and managed by Dimeo Construction, the project will serve as a model of sustainable design. The building is targeting Passive House certification and will feature all-electric systems, triple-glazed windows, and a rooftop prepared for future solar panel installation.

15 Fiske Ave Update from Opportunities for Inclusion

Plans are moving forward for a new residence at 15 Fiske Avenue, designed to support individuals aged 18 and older with intellectual and developmental disabilities, particularly those in the "Turning 22" population transitioning from school-based to adult services.

This home will be operated by Opportunities for Inclusion, a long-standing local nonprofit committed to supporting individuals with disabilities. Staff will provide on-site support, and the residence will be funded in partnership with state agencies.

The architectural design includes a thoughtful two-level addition to the existing home:

• Main Level: Five bedrooms, two accessible bathrooms, shared kitchen and living areas

• Lower Level: Four bedrooms, two accessible bathrooms, and staff office space

• Accessibility: An elevator will connect both floors, and exterior ramps will ensure full wheelchair access

The next step is securing the necessary funding to begin construction. Once underway, the project is expected to take 12 to 18 months.

I’m especially grateful to the team at Opportunities for Inclusion for their commitment to working closely with the neighborhood throughout this process. I’m also deeply appreciative of the welcoming spirit shown by neighbors who have embraced the future residents of this home. This collaboration is a reflection of the kind of inclusive, compassionate community we strive to be in Ward 7.

About Councilor Katz

Ward 7 City Councilor, 2022-Present
Member of Committee on Licenses and Franchises
Member of Committee on Public Works & Safety
Member of Special Committee on New Police/Fire/DPW Complex
Member of Special Committee on City Master Plan
Member of Special Committee on Waltham Cable Access
Proud Waltham Public Schools Parent