"MBTA Zoning" is a Massachusetts "requirement" to force towns to allow more building around train stations. The intent of the law is supposedly to address "the housing crisis" at all, AND there are serious concerns around the impacts of this approach and whether or not it will address the housing crisis at all, and worse yet, cause serious harm to tenants, environment, small business, etc. This page is to keep a list of towns that are pushing back on the state. Sources noted below... we did not verify everything with every town in triplicate, but we did our best! If you notice anything wrong, please let us know!

Official Push Back on MBTA Zoning News & Organizing Resources

SUMMARY OF TOWN PUSHBACK

Towns reject or defer MBTA Zoning:

Attorney General Response:

Seekonk Rejects Foxborough Rejects: Wilmington Defers: Hanover Defers: Rowley Rejects: Tewksbury Rejects: Hopkinton Rejects: Marblehead Rejects: Norwell Rejects: Middleborough to file Amicus in support of Milton: Wakefield Rejects: Marshfield Rejects Littleton Rejects: Milton Rejects: Holden Refuses to Comply:

No Response No Response No Response No Response No response No response No response No response No response No response No response No response No response AG files suit [first Town Meeting to reject] Milton counter sues AG issues warning letter, non-profit sues, Judge dismisses case, AG memo reminds Holden of 12/24 "deadline"

Court Cases Pending/Resolved

[see sources of info below in "List of Official Actions & Sources of Info"]

Entity Filing in Court

Rockport Residents File Suit against state/town in State & in Federal Court Massachusetts Attorney General v. Town of Milton: Central Massachusetts Housing Alliance v. Town of Holden :

Status

• - Group Claims: * no constitutional authority to require MBTA Zoning
• * AG has no recourse beyond grants
• * Legislature can not link grants to “MBTA zoning compliance”
• * degree of authority EOHLC has to create rules
• * EOHLC did not create proper regulatory framework - Milton Town Meeting approval overturned at ballot, effectingly rejecting MBTA Zoning, AG files suit, Milton responds with counter claims [similar to Rockport residents's claims, SJC justice refers to AG's legal logic as "novel", expects ruling in October 2024 - Town of Holden refuses to comply, Non-profit sues, Judge dismisses case, AG warns Holden of December "deadline"

List of Official Actions & Sources of Info

5/16/24: Seekonk Town Meeting rejects MBTA Zoning 5/14/24: Foxborough Town Meeting rejects MBTA Zoning 5/12/24: Middleborough signs KP Law to prepare Amicus Brief in support of Milton 5/11/24: Wilmington Town Meeting defers MBTA Zoning, sends it back to Planning Board 5/11/24: Hanover Town Meeting defers MBTA Zoning, sends it back to Planning Board 5/10/24: Rowley Town Meeting Rejects MBTA Zoning 5/10/24: Weymouth Mayor Announced Opposition to MBTA Zoning 5/10/24: Tewksbury Town Meeting Rejects MBTA Zoning 5/10/24: Hopkinton Town Meeting Rejects MBTA Zoning 5/9/24: Rowley Town Meeting rejects MBTA Zoning 5/8/24: Marblehead rejects MBTA Zoning 5/8/24: Norwell rejects MBTA Zoning 5/06/24: Middleborough reportedly joins the challenge 5/03/24: Shrewsbury postpones MBTA Zoning vote to the fall, to review impact studies and assess 20% affordable 5/01/24: Milton ousts SelectBoard Chair who backed MBTA Zoning 4/30/24: Wakfield Town Meeting Rejects MBTA Zoning 4/23/24: Supreme Judicial Court Justice Serge Georges: "novel questions of law" 4/25/24 Holden holds firmly against MBTA Zoning 4/24/24: Marshfield Town Meeting Rejects MBTA Zoning 4/24/24: Milton makes case that grants should not be withheld til court cases resolved 4/23/24: Milton's response to AG with counter claims 4/13/24: West Newbury withdraws MBTA Zoning from Town Meeting Warrant 4/12/24: Milton Hires Special Legal Counsel for MBTA Zoning case for a fixed fee arragement of $275,000 3/08/24: Hanson puts MBTA Zoning on Fall Town Meeting agenda instead of spring Town Meeting 2/28/24: Holden Refuses to Comply with MBTA Zoning 2/24/24: Wrentham Writes Letter of Concern to State Asking for Relief from Requirements 2/14/24: Milton Town Meeting Rejects MBTA Zoning 12/04/23: Judge Dismisses Case Against Holden 11/01/23: Littleton Town Meeting Rejects MBTA Zoning

Town by Town Resident Organizing Actions

5/03/24: Hamilton Residents join in suit against MBTA Zoning 4/30/24: North Tewksbury residents organizing against MBTA Zoning 4/30/24: Residents in Hamilton and 20 other towns file suit against MBTA Zoning 4/30/24: Wayland Neighbors Join Lawsuit with residents of 20 other towns against MBTA zoning Organizations Wayland Neighbors Milton Neighbors for Responsible Zoning Site with excellent legal analysis

News Affecting the State

5/04: Boston Globe update [see text here] 4/29: Rockport Residents file claim in federal court that MBTA Zoning/witholding grants/simple-majority is unconstitutional 4/26: State Legislator proponent of MBTA Zoning outlines state plan to fund developers post-MBTA zoning votes at Town Meetings

Industry Reaction

5/11/24: JD Supra summary more cases by AG "unlikely" 4/28/24: Chelmsford Making Barriers to MBTA Zoning says trade group

Resources

COURT DOCS: Rockport Residents MASSACHUSETTS Supreme Judicial Court case against Rockport COURT DOCS: Rockport Residents FEDERAL case against Rockport Milton response to AG's suit, including counter claims [see excerpts] COURT AND OTHER OFFICIAL DOCS: Milton MBTA Zoning Document Repository MBTA Compliance Status Sheet as of 5/1/24