Middleborough files lawsuit over MBTA Communities Act noncompliance

MIDDLEBOROUGH, Mass. (WLNE) — The Town of Middleborough filed a lawsuit in Plymouth Superior Court over its alleged “noncompliance” with the MBTA Communities Act.

The lawsuit names Gov. Maura Healey, the Commonwealth of Massachusetts and the Massachusetts Executive Office of Housing and Livable Communities as defendants.

MBTA Communities are required to have one “reasonably sized” zoning district within a half-mile of an MBTA station that allows multi-family residential housing has a minimum gross density of more than 15 units per acre.

The town said that it has “clearly demonstrated” its compliance with the act when it created a “Smart Growth Zoning District” in 2021.

The was comprised of 40.4 acres within a half-mile of an MBTA Commuter rail station with a density of 20 units per acre.

“Middleborough not only created the required zoning district, but it is actively facilitating the development of affordable multi-family housing, where 26 units have already been constructed and sold and 148 more are in the development stage,” Town Manager Jay McGrail said. “These units are all within a half-mile from the MBTA station and are in addition to the existing 881 multi-family housing units within one mile of the station.”

The town said that the state’s computer model, however, shows the town in noncompliance.

A statement by the town also said that the state auditor found that communities cannot be compelled to comply with the act due to it being an “unfunded mandate,” and the Department of Elementary and Secondary Education, informed Middleborough that it would no longer be receiving millions of dollars in state aid.

“The Commonwealth has taken badly needed funding for public schools and capital projects, including projects to create greater access to persons with disabilities, and if these funds are not restored, essential public services are at risk,” the statement read.

In response, a spokesperson for the Healey administration said that the act is “not an unfunded mandate” and that “it is unfortunate that some communities are choosing to use the Division of Local Mandates’ advisory opinion to try to stall its implementation.”

Healey’s full statement is below:

The MBTA Communities Law was passed with bipartisan, nearly unanimous support in the Legislature, signed by a Republican Governor and is being implemented by our administration. 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.

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. We know that Attorney General Campbell and her team will vigorously defend the law, and we’re committed to working with all towns to turn these plans into new housing and lower costs for all of our residents.