The town of Holden has agreed to comply with the MBTA Communities Act, a 2021 law that requires municipalities near MBTA stations to designate areas for multi-family housing construction. Holden Town Manager Peter Lukes had previously said the town would not comply with the law, arguing that it would be inconsistent with the town’s character. However, following a lawsuit filed against the town by the Central Massachusetts Housing Alliance and others, and a judge’s ruling in December 2023 dismissing the lawsuit, Holden has decided to change its position.
According to Max German, the deputy press secretary for the attorney general’s office, municipalities adjacent to towns and cities with MBTA stations, such as Holden, have to have a zoning district designated for multi-family housing construction by December of this year. If the town does not pass its deadline without complying with the law, Holden may be at risk of being sued, according to the Attorney General’s website.
Holden officials have argued that the law’s wording indicates that having this type of district is optional, but the Attorney General’s office disagrees. Despite the potential legal risks, Lukes said that Holden would not change its position on opposing the MBTA Communities Act. However, the town has now agreed to comply with the law, avoiding a potential lawsuit and the loss of funding for other projects.
The MBTA Communities Act was enacted in 2021 to address the housing crisis in Massachusetts by making it easier to build multi-family housing in towns near MBTA stations. The law requires municipalities with an MBTA station, or that border a community with a station, to have at least one zoning area that allows multi-family housing by right. The law does not force communities to build housing but makes it possible to build multi-family housing in the town to increase the number of available housing units for rent or sale.
The agreement between Holden and the Attorney General’s office is a victory for affordable housing advocates. It will help to increase the supply of housing in Holden and make it more affordable for people to live in the town.
