Wrentham asks for an exception from MBTA Communities Act

Town officials in Wrentham reached out to Gov. Maura Healey this week to push back on the MBTA Communities Act and to ask for "a waiver or modifications" from the state law's requirement that cities and towns near T service adopt zoning that allows multifamily housing by right in certain areas.

Milton is already facing legal and financial consequences from the state for not complying with the law meant to entice badly-needed housing production across Greater Boston. And Wrentham, which says it would need to adopt a new zoning plan at its May town meeting to comply with the MBTA Communities Act by the end of this year, is beginning to show signs of a growing municipal resistance.

The law "requires us to increase our population by as much as 13% without any state funding. This would cause the largest one-time increase in population in our town’s history. For us to commit to the 15 units per acre requirement would overload our infrastructure, police, fire, and schools," the select board wrote to Healey. Nearly identical letters were also sent to Sen. Becca Rausch and Rep. Marcus Vaughn.

Zoning has long been the domain of municipalities, contributing to lagging housing production in some places, but Attorney General Andrea Campbell wrote in this week's lawsuit over Milton's noncompliance with the MBTA Communities Act that "the Legislature has retained 'supreme power in zoning matters,' as long as it acts in accordance with the Home Rule Amendment," quoting from a 1973 court ruling.

The Wrentham Select Board wrote that the town's residents "are not objecting to increasing our housing supply" and that Wrentham has created its own development plan that's in line with the town's master plan and the community's desires.

"Wrentham has a plan and is doing its part, but the MBTA Housing Requirement ignores this effort and dictates changes that do not align with the goals of our residents and will lead to the destruction of the small-town New England charm we’ve come to love. We are no different than the quaint towns of Cape Cod, or tranquil seaports of Gloucester, Rockport or Manchester by the Sea, nor the wealthier communities of Dover and Sherborn," the select board wrote. (Gloucester, Rockport, Manchester by the Sea, Dover and Sherborn are all included in the state's mandate to ensure zoning laws allow for more housing.)

"We request your support as our Governor to assist us in obtaining a waiver or modifications to the MBTA Housing requirements," the letter continued. "Wrentham is doing its part to address housing, but for us to create rental units at a density of 15 units per acre ignores this work and will place an unfunded mandate on our town and undue hardship to our current infrastructure."

House Speaker Ronald Mariano said Wednesday that he thinks the enforcement steps taken against Milton by Campbell (the lawsuit) and Healey (revocation of a state grant) are appropriate. Milton is also ineligible for certain state funds and at a competitive disadvantage for others.

"We are committed to increasing and improving housing in Massachusetts. We need every tool that's available. And, you know, there's a lot of communities that would love to step back and not have to deal with some of the problems that we have ... and we need everyone to participate," he said. "We don't have the luxury of letting a few folks take a walk."

In the coming months, the home rule aspect of local zoning could face further threats as state lawmakers face a series of major decisions about policy changes to further ramp up housing production and create more affordable housing options. Gov. Healey has offered a $4 billion Affordable Homes Act, and a redraft of that bill is expected to emerge first in the House.