Ahead of pivotal fall, Mass. poll finds majority support for MBTA Communities Act

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There’s been a steady beat of headlines about opposition to the MBTA Communities Act. But according to a new WBUR/CommonWealth Beacon poll out today, the pro-housing law enjoys majority support in Massachusetts.

The 2021 law — still currently being phased in — requires 177 municipalities served by (or adjacent to) the T to allow multifamily housing, as of right, with no age restrictions. And in doing so, it gets at a touchy question about state versus local power over zoning.

The survey of registered voters shows 50% believe the law is “good policy,” versus 31% who said it’s not. Broken down by party affiliation, however, the difference is stark. Among Democrats, 69% like the law, whereas just 28% of Republicans are on board.

I spoke to a few people who were part of the survey to get a sense of what’s behind that divide. Leedia Macomber, a 79-year-old resident of Marion (a town just outside the law’s reach), opposes what she called an “unfunded mandate” forcing communities to add density.

“Some towns have a lot of older population — then to have a bunch of new families come in, that will change the nature of the town,” Macomber said. “Maybe that’s what the future has to look like, I just think they need to think carefully about that.”

But that argument doesn’t resonate with Devin Cole. The 44-year-old Roslindale resident said he’s noticed bigger cities shoulder the housing production burden while wealthier suburbs resist.

“It bothers me,” Cole said. “If you’re close enough to an economic center and have any kind of access to the MBTA, you should be creating environments for housing to be built as of right,” Cole said.

The poll comes at a pivotal time for the MBTA Communities Act. Currently, 72 of the 177 cities and towns have passed new zoning intended to comply with the law. However, dozens are still facing a Dec. 31 deadline to act, and some have already voted down rezoning proposals, teeing up a round of high-stakes town meetings this fall.

The law will also face a test in the state’s highest court next month. The Supreme Judicial Court is set to hear oral arguments on Oct. 7 in the state’s lawsuit against Milton, after voters rejected the town’s rezoning plan in February.

Milton argues that its four Mattapan Trolley stops shouldn’t qualify it as a “rapid transit community," the bucket of a dozen communities like Cambridge and Quincy facing the stiffest zoning requirements. (Boston is exempt from the law.) Milton’s lawyers also say the state can’t force it to comply through a court order, but can only set financial penalties for non-compliance. Attorney General Andrea Campbell wants the court to consider appointing a “special master” to propose a compliant zoning by-law for Milton.

Officials in the town tell WBUR they’re waiting on the outcome of the court case before developing an alternative plan. Without a doubt, they won’t be the only ones closely watching the case.