By Emily Costello
The MBTA Communities Act, which impacts 177 cities and towns across the Commonwealth of Massachusetts, has made significant strides in rezoning the Greater Boston area since the law was enacted in 2021, while also facing pushback from several communities.
The December 31 deadline to comply is quickly approaching, leaving 130 communities roughly two months to approve zoning rules. As the deadline looms, we have seen diverging attitudes from various municipalities, with some embracing the law and others scoffing at compliance. Here’s a look at some of the notable responses to the law.
Milton and Non-Compliant Communities
While the law requires communities served by the MBTA to have at least one zoning district of reasonable size to accommodate multifamily housing, some have pushed back on the mandate.
Milton is one of the more high-profile, non-compliant communities. In the town, there is strong local opposition to the idea of increasing the density of housing, particularly near transit stations. Many residents have raised concerns about how the proposed re-zoning may affect the town’s character and desirability. Milton officials argue that the state’s housing guidelines are excessive, and that Milton should not be considered a rapid transit community because the Mattapan Trolley that runs through the town is “too slow to be considered rapid.”
This year, Attorney General Andrea Joy Campbell filed a lawsuit against the Town of Milton seeking a judge to order the town to come into compliance. The case went before the state’s highest court last month and is still pending a resolution. Governor Maura Healey’s administration announced back in February that they are revoking state funding for the Town of Milton for not complying with the law, representing 13 grant programs funded by the state.
Towns like Winthrop and Medway have additionally pushed back on compliance, prompting the Attorney General to issue a reminder that the law is aimed to the states housing crisis, that compliance is not optional, and that the majority of communities are taking steps to come into compliance.
Lexington and Compliant Communities
Among the compliant municipalities is Lexington, which has signaled it embraces the law’s mission. Lexington was one of the first communities to rezone, nearly a year before the deadline, outlining 227 acres for multifamily housing, well over the 80 acres required under the law.
As a result of their quick action, Lexington has received several applications for new housing developments representing a combined 960 units, with two proposals having received Planning Board approval, one of which is already underway.
Lexington’s embrace of law will see new housing come online as early as next year. State officials are looking to Lexington as a prime example of how the MBTA Communities Act makes it easier for communities to get approval for multifamily development under the law – ultimately chipping away at the housing crisis that it set to resolve and encouraging private investment in local communities.
The proactive stance in Lexington reflects a larger trend of support for the law across the Commonwealth, with several other municipalities seeing rezoning and subsequent proposals come in as result of MBTA Communities Act compliance. Westwood backed a rezoning plan in compliance with the MBTA Communities Act to potentially allow for up to 3,300 new units, and saw its first project break ground last month.
The MBTA Communities Act was also a driving factor behind Somerville’s rule to legalize the development of three-unit buildings (known colloquially as “triple-deckers”) citywide by right.
Cutting Through the Noise
While Milton’s court battle continues to dominate the headlines, 175 of the 177 impacted communities have submitted an Action Plan with the state, with Holden being the other outlier. 33 towns and cities across the Commonwealth have had zoning approved by the state to comply with the law, and are now eligible for a new $15 million MBTA Communities Catalyst Fund. The remaining cities and towns have an action plan in review, adopted zoning, or submitted a plan that requires additional work.
Despite Milton’s public stance against the MBTA Communities Act, the majority of municipalities are responding affirmatively, and some are going above and beyond the mandate in recognition of what precipitated the law’s creation.
Supportive communities are not only updating zoning regulations but also have been actively promoting new housing initiatives and engaging residents and the state in the process. While the media focus on Milton may overshadow the larger trend of compliance in the Commonwealth, the MBTA Communities Act appears to have started to see an increase in approvals for new projects and financial support from the state, while simultaneously ensuring that communities can provide affordable, accessible housing.