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Wrentham files lawsuit over MBTA Communities Act
Town officials are taking legal action over a state law that requires them, as an MBTA community, to zone for at least 750 multi-family housing units.
Wrentham town officials on Thursday filed a lawsuit against the state over the MBTA Communities Act, becoming the latest town to push back against the controversial zoning law.
In a statement, Wrentham Select Board and Interim Town Manager Michael King said the legal action, filed in Superior Court, is “the most practical and fiscally responsible way” to get the state to provide financial information on impacts to education, public safety, and public works.
The lawsuit also seeks to relieve the town from having to comply with the statute until the state provides funding to cover the increased costs.
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The law requires MBTA communities to adopt at least one zoning district to make room for multi-family housing. Middleborough also filed suit against the Commonwealth last week after the state deemed the town non-compliant. In that case, Middleborough officials argued that they had already met the requirements and accused state leaders of a “gross abuse of power.”
Both towns’ lawsuits come about a week after State Auditor Diana DiZoglio declared that the MBTA zoning law constitutes an unfunded mandate and directed the state’s housing agency, EOHLC, to provide required information on the financial impact on town services and infrastructure.
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“To date, the Commonwealth has refused to do so and has emphatically declared that it will enforce the law, including the requirement that Wrentham pass a complying zoning bylaw by July 14,” Wrentham officials said in their statement.
According to town officials, voters in Wrentham overwhelmingly defeated an article — by a vote of 542 to 53 — concerning the zoning bylaw amendment at a special town meeting in December. Voters expressed that they were mainly concerned over funding, town officials said.
The law requires Wrentham to zone for at least 750 multi-family units at a gross density of 15 units per acre across a minimum of 50 acres.
“This increase in density would require substantial investment in municipal infrastructure, including educational, public safety, and public works services,” Wrentham officials said.
“The Select Board remains committed to obtaining important fiscal impact information on MBTA zoning compliance and believes that the Commonwealth’s financial analysis is necessary for voters to make an informed decision at Town Meeting on whether to adopt an MBTA Zoning bylaw,” officials said.
That town meeting is scheduled for June 2.
On Jan. 8, the Massachusetts Supreme Judicial Court ruled that the MBTA Communities Law is “constitutional and valid,” and that the Attorney General has the power to enforce it.
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Massachusetts Gov. Maura Healey has said the pushback is “without legal merit” and said the state will withhold funds for any towns that don’t comply with the law.
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