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State officials cheered the news Friday that over 100 towns and cities in Eastern Massachusetts have now approved MBTA Communities zoning instead of flouting the law
But the news came just days after the tally of communities that have rejected the law climbed to 21 – two that are out of compliance and 19 that have rejected zoning proposals but still have time to meet a new deadline. Duxbury Town Meeting resoundingly voted down a proposed zoning district Tuesday evening after state officials made clear it wouldn’t comply with the law.
“The intention of the MBTA Communities law is to increase opportunities for new housing, which will lower costs for us all, and we commend cities and towns who are planning for the future needs of their residents. Forward-looking communities are not only seeking compliance with the law but working hard to seize this opportunity to create and expand vibrant, affordable neighborhoods that meet the needs of their young families, senior citizens, and municipal workforce,” state Secretary of Housing and Livable Communities Ed Augustus said in a statement.
While in theory, towns’ zoning powers are granted at the discretion of the Massachusetts Legislature, state officials have so rarely tinkered with these powers that the MBTA Communities law’s mandate for mild upzoning near transit stops – passed under Gov. Charlie Baker in 2021 – has caused uproars in town halls across Greater Boston. The town of Milton is even contesting the legality of sanctions it faces for not complying with the law, from losing access to several important state grant programs to being sued by Attorney General Andrea Campbell’s office.
Around 53 percent of respondents in a recent poll said they support the MBTA Communities law.
The law requires towns and cities outside Boston to establish zoning districts dense enough to allow small-scale multifamily developments like triple-deckers, although a small number of communities including Needham, Lexington and Watertown have used the law as a reason to engage in dramatic upzoning exercises, some of which are already bearing fruit.
“Communities across Massachusetts are overwhelmingly embracing the MBTA Communities Act. They understand that every municipality has a collective responsibility to ensure we are part of fostering a healthy and vibrant commonwealth,” housing advocate and CHAPA CEO Rachel Heller said in a statement celebrating the 100-town mark Thursday. “Massachusetts needs more homes that families, older adults, and the local workforce can afford, and these MBTA Communities are doing their part by allowing the creation of more of these types of homes.”
But even as some towns have sought to make space for more housing, as Banker & Tradesman has reported numerous others included in the list of 105 that have now OK’d MBTA Communities zoning are designing zoning districts that local officials pledge will ensure very little new housing actually gets built in their borders. In the latest twist, some towns are taking advantage of limited water and sewer service to some parcels to designate them for future housing.
State officials say that they’ve approved 37 communities’ zoning districts and are “actively reviewing” other districts as they are submitted. Once officials certify a town’s compliance, local officials may apply for grants from a new MBTA Communities Catalyst Fund, set up by the state to help fund housing and housing-related infrastructure projects.
