Plymouth County town sues state over MBTA Communities Act, calling it ‘unreasonable'
A Plymouth County town filed a lawsuit against the state on Friday, saying they shouldn't have to alter its zoning to accommodate housing under the MBTA Communities Act.
The town of Middleborough, who is currently one of six Massachusetts towns not in compliance with the 2021 law, says the 'one-size-fits-all interpretation' is 'unreasonable.'
'For generations, Middleborough's leaders have been thoughtful, responsible stewards of its future,' said Town Manager Jay McGrail. What we've done in Middleborough should be modeled and celebrated, not punished.'
The MBTA Communities Act requires communities served by the MBTA to create a zone for multifamily housing. The town becomes the first in the state to officially sue the governor's office, the Commonwealth of Massachusetts and the Massachusetts Executive Office of Housing and Livable Communities over this law.
SJC upholds MBTA Zoning Law but strikes regulations
In a statement, Governor Maura Healey says the MBTA Communities Act was passed with nearly unanimous support in the Legislature, signed by a Republican Governor, and is simply being implemented by her administration.
'The law is not an unfunded mandate, and it is unfortunate that some communities are choosing to use the Division of Local Mandates' advisory opinion to try to stall its implementation,' the statement read. 'The law is essential to our efforts to lower the high cost of housing, which we know is one of the greatest challenges facing the people of Massachusetts. We are proud that 119 communities have already adopted new zoning under this law, with more than 3,300 new housing units in the pipeline because of it.'
Middleborough contends that they're in compliance with the law because they've already enacted a 'Smart Growth Zoning District' whichis comprised of 40.4 acres, all within a half-mile of an MBTA Commuter rail station and where multi-family housing is allowed at a density of 20 units per acre.
'If the state wants to see how responsible growth and expanding housing opportunities works when municipal government acts responsibly, then we would be happy to show our leaders how what we have done should be a model for success statewide,' said Middleborough Select Board Chair Mark Germain.
The lawsuit comes about as Middleborough missed their compliance deadline earlier this week. Because of this, the town claims they are missing out on millions in state funding.
In filing the lawsuit, town officials are hoping to halt what they call a 'broadsword approach' to statewide housing.
Healey's office says the law will be vigorously defended by Attorney General Andrea Campbell's office.
'We're committed to working with all towns to turn these plans into new housing and lower costs for all of our residents,' Healey said.
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