The MBTA Communities Act is constitutional, and the Attorney General has the power to enforce it, the Supreme Judicial Court ruled Wednesday morning. The MBTA Communities Act requires 177 communities, including Marblehead, to rezone for more multifamily housing, in an effort to ease the state’s housing crisis.
However, the act’s guidelines established by the state’s Executive Office of Housing and Livable Communities did not comply with the Administrative Procedures Act and must go through the legally required process, which includes notice and the filing of a small business impact statement with the Secretary of State, before they may be enforced, the court also ruled.
According to Gov. Maura Healey’s office, the EOHLC is “prepared to file emergency regulations by the end of this week, consistent with the court’s decision. The emergency regulations will be effective immediately upon filing.”
Marblehead Select Board Chair Erin Noonan spoke to the Current after the ruling came down.
“It is definitely clear that the MBTA Communities Act is absolutely constitutional,” Noonan said. “This is something they intend to enforce, and they’re allowed to enforce it.
“We need to have a discussion at a Select Board meeting about presenting this on the warrant,” Noonan added, referring to Marblehead’s plan to pass new zoning rules at this May’s Town Meeting.
Town Planner Alex Eitler said the town will present the same zoning plan that was rejected at last year’s Town Meeting.
“Its a well-designed plan and we’re confident that going forward it’s est for the town,” Eitler said. “It’s going to have a limited impact and focuses mostly on areas where there is already multifamily housing.” (Read more about Marblehead’s zoning proposal below.)
Town Administrator Thatcher Kezer said today’s ruling should help with the approval of the new zoning rules.
“I can’t predict Town Meeting, but the argument by a significant number of folks who indicated they were opposed last time was to wait and see what this decision was,” he said. “Given that the decision is ‘thou shall do this,’ it’s hopeful that the legislative body of the town will comply.”
Marblehead resident and vocal critic of the MBTA Communities Act Anthony Chamay said the guidelines (laying out the specific requirements for acreage, etc.) have always been the “weak link” in the law.
One example, he said, is the definition of family in the law. “What is the interpreation of family? We have quite a number of condos, which are really equivalent to multifamily dwellings. We didn’t get any credit for those,” Chamay said.
“There are a bunch of details to be sorted out,” he added.
‘The law is mandatory, not voluntary’
The SJC ruling came in response to Attorney General Andrea Campbell’s suit against the town of Milton, which voted last February to reject new zoning laws. Marblehead voters also rejected zoning changes at Town Meeting last May.
Campbell released this statement: “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. 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.”
At a virtual press conference Wednesday afternoon, the Current asked Campbell what her office’s next steps will be with communities like Marblehead, who rejected zoning laws.
“My expectation based on the decision of the highest court in Massachustts is that those communities will comply,” she said. “Going forward, my job is to work with municipalities to get them into compliance. We’d rather work in collaboration than sue a municipality.”
Healey released a statement saying, “This decision is a major victory for our efforts to increase housing across the state and lower costs. The MBTA Communities Law is already a success story. One-hundred-sixeen communities have said yes to housing, and 3,000 new homes are in the pipeline — and those numbers are going to continue to grow. 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.”
Marblehead’s rejected plan
Marblehead’s multifamily zoning plan rejected at last year’s Town Meeting included zoning for approximately 58.4 acres across three districts, allowing for up to 897 housing units. This model was designed not only to meet the state’s requirements but also to provide flexibility in addressing local needs and concerns, according to proponants. The plan included 300 existing housing units that would count toward the town’s zoning obligations.
State Rep. Jenny Armini of Marblehead had this to say about today’s ruling.
“With clarity from the SJC, I am confident Marblehead will move forward with its thoughtfully crafted plan to comply with the law,” she said.
Stay with the Current as this story develops and more reaction comes in.
Editor Leigh Blander is an experienced TV, radio and print journalist.
