City Council adopts MBTA multifamily overlay, map amendments and amended ADU rules

Brockton City Council on Monday adopted three connected zoning measures: an ordinance establishing an MBTA Communities Multifamily Overlay District, a companion zoning-map amendment to designate affected parcels, and an amended accessory dwelling unit (ADU) ordinance that expands where ADUs are allowed and adds local standards.

The council opened public hearings on the MBTA overlay and the map amendment; no one signed up to speak in person on the overlay, and one written comment urging form-based zoning was read into the record. Rob May, director of planning and economic development, told the council his department supports the overlay and map changes and urged an affirmative vote.

The MBTA overlay ordinance implements requirements tied to section 3A of the Zoning Act (Mass. Gen. Laws, ch. 40A). The council also approved a map amendment designating the listed parcels as part of the MBTA Communities Overlay District. Both the ordinance and the map amendment were adopted by roll-call vote with the clerk recording the vote in the affirmative (10 in the affirmative).

Separately, the council considered and adopted an amended ordinance to permit accessory dwelling units by right in zones that allow single-family dwellings. Legislative counsel and the city solicitor proposed several technical and substantive amendments before final passage. The changes the council adopted include: adding a reference to state ADU rules ("760 CMR 71 protected use accessory dwelling units"); clarifying that ADUs must not be used as short-term rentals; broadening the ordinanceapplicability to any zoning district where single-family residential units are permitted (striking the earlier narrow R-1 limitation); adding standards on exterior stairs and locating attached ADU rearward; and requiring detached ADUs to conform to existing section 27-20-2 of the zoning code. The amendments were made on the record and legislative counsel explained they were drafted to align with upcoming state regulations and to establish local standards before a February 1 window that would otherwise leave ADU rules open-ended.

The ADU ordinance passed as amended by roll-call vote (8 in the affirmative, 2 in opposition). The transcript records dissenting votes from Councilor Nicastro and Councilor Thompson during the ADU final passage vote.

Why this matters: the MBTA overlay and map changes are intended to implement state requirements for transit-adjacent communities and to allow multifamily housing as-of-right in designated areas; the ADU ordinance creates a city-wide pathway for accessory units where single-family houses are permitted and imposes local standards intended to preserve neighborhood character while meeting state timelines.

Council and staff said the package is preliminary to further refinements once the state issues final ADU regulations and model bylaws. The council indicated it expects to revisit aspects of the ADU rules after state guidance is final.

Votes at a glance: MBTA Communities Multifamily Overlay Ordinance Adopted by roll call (10 yes). Zoning map amendment to designate MBTA overlay parcels Adopted by roll call (10 yes). ADU ordinance as amended Adopted by roll call (8 yes, 2 no).

The council held the zoning hearings as part of its regular meeting and moved forward with final votes the same evening after the public-hearing portions closed and staff comments were received.