Gov. Maura Healey Hails MA SJC Ruling On MBTA Community Law Compliance

MARBLEHEAD, MA — Cities and towns that remain out of compliance with the state's MBTA Communities Law requiring expanded "by right" multi-family zoning as a way to increase housing production are subject to state funding consequences after the Supreme Judicial Court ruled the law constitutional.

The SJC ruled the state could sue towns like Milton that opening flaunted the law and refused to comply. While most of the cities and towns affected — those served directly or in proximity to MBTA and Commuter Rail services — found ways to comply with the law by the Dec. 31, 2024 deadline — albeit some, like Peabody, reluctantly — a few dozen — including Marblehead — remained out of compliance as of the deadline pending the ruling.

"This decision is a major victory for our efforts to increase housing across the state and lower costs," Gov. Maura Healey said in a statement on Wednesday morning. " The MBTA Communities Law is already a success story."

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Healey said 116 communities have agreed to revise zoning to be in compliance, which has resulted in 3,000 new homes in the pipeline.

"And those numbers are going to continue to grow," Healey said. "We stand ready to work with Milton and all communities to help them understand how we will all benefit from the MBTA Communities Law and find ways for them to meet their unique housing needs.

"Together, we are going to make housing more affordable for all of the people who keep our communities strong — our teachers, nurses, first responders, small business owners, seniors and families."

Cities and towns opposing compliance argued that the state should not be able to force them to accept more development, population increase and stress on infrastructure against the will of the people and at the threat of withholding money for critical projects.

But the SJC disagreed — although it ruled the state must go through some procedural steps to be able to enforce the regulations.

Marblehead Town Administrator Thatcher Kezer told Patch on Wednesday that the Planning Board is taking the required actions to conduct a public hearing and vote to recommend compliant MBTA Zoning changes to the town's bylaws. The changes then go to the Select Board for a vote to be on the warrant for the annual town meeting this spring.

"The recent court decision settles the question that we will need to be in compliance with the law or legal actions can be taken by the Attorney General's office to enforce compliance," Kezer said. "This was still an open question at last year's town meeting that convinced a sufficient number of residents to vote down the proposed zoning changes to wait and see the results of the Milton case.

"Hopefully, with this legal question settled, Marblehead's town meeting will vote to bring Marblehead into compliance and we can take advantage of the work that our newly created Community Development and Planning Department is doing to bring in much-needed state-funded improvement projects for Marblehead."

• Marblehead Poised To Defy State Deadline On MBTA Zoning Compliance

AG Andrea Campbell said the ruling affirms her office's contention that the law is "mandatory, not voluntary."

"Today's decision is a resounding victory for the Commonwealth and a major step forward in our work to address the unacceptably high cost of housing for our residents," Attorney General Andrea Campbell said in a statement. "The state's highest court has made clear that communities subject to the law must allow for additional, responsible development — and that the law is mandatory, not voluntary. I applaud the residents, municipal officials, and communities that have already adopted zoning to help relieve our statewide housing crisis.

"Following the court's ruling, we will work with the Executive Office of Housing and Livable Communities to assist with the issuance of regulations."

Peabody city leaders initially pushed back on compliance before voting late last month to approve a revised plan that it appears could have limited impact on the actual increase of housing stock in the city.

• Peabody City Council Set To Bend On State MBTA Zoning Law Opposition

"What this comes down to — cutting to the heart of it — is looking at this as a demand of the state that I believe has to be met," Peabody Mayor Ted Bettencourt told the Committee on Industrial and Community Development. "This is a reality that has been put on us."

Bettencourt had said Milton's defiance in the lawsuit "has a much deeper meaning beyond this specific MBTA Communities Act. I think it's going to be a determination that is going to help in terms of (determining) city and town rights to govern their own cities and towns rather than state enforcement."

The SJC ruling, essentially, said cities and towns lack those rights to the extent that some local officials may have hoped.

"I don't think it's right," Peabody City Councilor Tom Rossignoll said last month. " I understand we'll be losing millions of dollars. That's not on me. That's on the state."

The zoning regulations failed a vote of the annual Marblehead town meeting this past spring with a special town meeting the only mechanism to give town meeting members a chance to change their collective minds before assuming the implications of non-compliance.

Many residents packed an October Select Board meeting, which featured a lengthy presentation on the state law and the potential cost of non-compliance, with a series of brief interruptions that included chants of "No means no!" in reference to revisiting the annual town meeting vote.

Select Board members ultimately chose not to call for the special town meeting and take more of a "wait-and-see" approach regarding the lawsuit.

"Given the ambiguity right now I am not in favor of rushing to a special town meeting," Select Board member Moses Grader said at the time. "On the one hand, I respect the vote and even the sentiment behind it.

"Pushing back on the presumptive authority of power in this town is in our DNA."

• Marblehead To 'Test' State On MBTA Zoning Compliance Grants

Kezer said in October that the town intended to continue to pursue grants pending the court process while acknowledging that the state had indicated some may ultimately be denied while the town remained out of compliance with the state law.

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. X/Twitter: @Scott_Souza.)