Court Upholds MBTA Law

On January 8, 2025, 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, but threw out detailed guidelines developed by the Executive Office of Housing and Livable Communities (EOHLC) responsible for specifying the terms of compliance. EOHLC must promulgate the law’s implementing guidelines through the Administrative Procedures Act if they are to be enforceable. Subsequently, on January 14, 2025, EOHLC filed emergency regulations with the Secretary of the Commonwealth.

This ruling pertained to a lawsuit filed last fall against the town of Milton. In December 2023, Milton amended its town’s zoning bylaws to align with the MBTA Communities Law through the town meeting process. However, two months later, a citizen petition was passed by the voters to repeal the zoning changes, resulting in the town’s non-compliance.

In April 2024, the Town of Andover adopted the Town’s proposed MBTA Communities zoning districts at Town Meeting. The Town proposed three multifamily overlay districts: one located around the downtown Andover Commuter Rail station, one located adjacent to the Ballardvale Commuter Rail Station, and an additional district located on River Road. The vote to adopt this zoning passed with a substantial majority. In September 2024, the EOHLC determined that Andover’s Multi-Family Overlay Districts were in compliance with Section 3a of the Massachusetts General Laws.

According to Town Counsel Doug Heim, the Town of Andover is in a strong position based on its prior adoption of a compliant zoning district. He does not anticipate that the emergency guidelines issued by the Healey administration, or any subsequent guidelines issued by EOHLC, will substantially change the requirements that Andover is subject to. According to Heim, it is unlikely that further action will be required by Town Meeting.  

You can read more about the lawsuit at Abundant Housing Massachusetts.