Sign up for the Today newsletter
Get everything you need to know to start your day, delivered right to your inbox every morning.
10 towns remain defiant of MBTA Communities Act as year-end deadline looms
The clock is ticking for these communities as they weigh the consequences of standing firm against the law.
As the December 31, 2025 compliance deadline approaches, ten Massachusetts towns remain noncompliant with the MBTA Communities Act, a law requiring municipalities to zone for multifamily housing near transit stations.
These towns — which include Dracut, East Bridgewater, Freetown, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop — face the threat of losing state funding and potential legal action if they don’t comply.
Middleton Town Manager Justin Sultzbach confirmed that the town intends to remain non-compliant and has appealed its unfunded mandate case to the Massachusetts Supreme Judicial Court.
Sultzbach criticized the law, saying Middleton is unfairly treated compared to other towns in similar geographic situations.
Advertisement:
“It seems inequitable at best that these mostly Worcester area communities are given relief while smaller communities on the North Shore are held to a much higher, more burdensome, and frankly baseless standard,” he told Boston.com in a written statement.
Sultzbach acknowledged concerns over losing state funding but remained committed to his town’s stance. “The residents of Middleton have voted on the topic twice, with a majority showing more concern about condoning misguided Beacon Hill overreach than showing concern about losing grant funds,” Sultzbach said.
Winthrop resident Cassie Witthaus, a local housing advocate, warned that rejecting the law could “cripple” the town financially, leading to tax hikes or loss of essential services. “There are real life impacts to us saying no on principle to something that won’t change our community at all,” she said.
Advertisement:
Resident Scott Mahoney-Wright echoed these concerns, noting that Winthrop has already lost $1.2 million in grant funding due to its noncompliance. “We have already lost significant grant funding resulting from our non-compliance, and more loss of much-needed funding is sure to come,” he said. “It is a very frustrating time to be a Winthrop resident.”
The clock is ticking for these communities as they weigh the consequences of standing firm against the MBTA Communities Act.
Here’s where they stand ahead of the Dec. 31, 2025 compliance deadline:
Dracut
At Dracut’s fall annual town meeting on Nov. 18, 2024 voters rejected Article 9, which would have amended the zoning bylaw to add an MBTA Communities multifamily overlay district. The town again rejected two 3A zoning proposals (Articles 27 and 28) at a June 2, 2025 town meeting.
East Bridgewater
East Bridgewater residents rejected Article 14, a proposed 3A zoning bylaw at a special town meeting on Oct. 7, 2024. Because Article 14 was rejected by voters, three other 3A zoning articles (Article 15, 16, 17) were passed over.
Freetown
Freetown’s 2025 action plan was approved by the state, but it did not submit a district compliant plan to the state by the July 14, 2025 deadline extension.
Halifax
At a special town meeting on Dec. 16, 2024, Halifax voters rejected a 3A zoning measure, Article 1, by a majority vote. Halifax did not submit an action plan to the state by the Feb. 13 deadline extension, nor did it submit a district compliance plan by July 14.
Holden
Holden’s 2025 action plan was approved by the state, but it did not submit a district compliance plan to the state by the July 14, 2025 deadline extension.
Marblehead
Marblehead voted against a 3A zoning proposal (Article 23) at the annual town meeting in May 2024. But a year later, on May 6, 2025, the town approved Article 23, a 3A zoning proposal. Later, on May 12, town residents gathered enough signatures for a referendum special election to challenge the May 6, 2025 town meeting vote. At the referendum election on July 8, 2025 voters overturned the May 6 vote, and the town was deemed non-compliant.
Middleton
Middleton rejected an MBTA Communities Zoning bylaw at their annual town meeting on May 14, 2024 and again at a special town meeting on Dec. 12, 2024. Middleton did not submit an action plan to the state by the Feb. 13 deadline extension, nor did it submit a district compliance plan by July 14, 2025.
Tewksbury
On May 8, 2024, Tewksbury voted to reject Article 41, which would have amended the town’s zoning bylaw to bring the town into compliance with the MBTA Communities Act. However, Tewksbury’s 2025 action plan outlining compliance with the law was approved by the state, but it did not submit a district compliance plan by July 14, 2025.
Wilmington
On May 4, 2025 Wilmington held their spring town meeting, but voters could not come to a decision on Article 30, a 3A zoning measure. At a fall special town meeting on Dec. 7, 2024, voters rejected Article 1, which would have added a multifamily overlay district to the town for compliance with the law. Wilmington’s 2025 action plan was approved by the state, but it did not submit a district compliance plan by the July 14, 2025 deadline.
Winthrop
At their Nov. 19, 2024 meeting, the Winthrop Town Council voted 4-3 not to accept the Planning Boards plan with one abstention and one recusal. At a Town Council meeting on June 17, 2025, Councilors voted 4-4 on a 3A zoning plan. As a result, the motion did not pass (it requires 5 “yes” votes to pass) and Winthrop was deemed noncompliant with the state law.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com