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Massachusetts attorney general sues Marblehead, other non-compliant MBTA communities

by Elizabeth Kanzeg Rowland

Five years since the MBTA Communities Act became law, 165 out of 177 Massachusetts communities have complied by adding at least one “reasonably sized district where multifamily housing can be built,” as per the legislation. Now, the remaining non-compliant towns face a lawsuit from Massachusetts Attorney General Andrea Campbell.

Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington and Winthrop all failed to adjust zoning restrictions on multifamily housing in compliance with the act — this despite an extension of the original July 14 deadline.

The refusal of these communities to create districts that allow multifamily housing despite being served by commuter rail stations amounts to a violation of the law, according to the lawsuit.

“Massachusetts Courts have repeatedly confirmed that the MBTA Communities Act is the law of the land,” said Jacob Love, general counsel for policy for the Citizens’ Housing and Planning Association. “We expect a judge to swiftly rule in favor of the attorney general and bring the nine named towns into compliance. Allowing more homes in MBTA Communities is a win for all Massachusetts residents and will help us meet the state’s housing needs.”

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