Town officials plan to push for MBTA Communities Act compliance after high court decision

Two town administrators in Massachusetts said the recent ruling by the state's highest court affirming the constitutionality of the MBTA Communities Act provides much-needed clarity.

Officials in Marshfield and Marblehead — both of which fell out of compliance with the law at the end of 2024 — say they will push to update their towns' zoning to permit denser housing.

The state's Supreme Judicial Court issued its decision after Attorney General Andrea Campbell sued the town of Milton for not complying with the law, aimed at increasing housing for more multifamily homes near public transit.

The court determined that after the state updates the rules around the law, the state can enforce it. There are currently 31 noncompliant cities and towns, including Marshfield, where Town Meeting members rejected MBTA compliant re-zoning proposals twice.

"A number of people at the Town Meeting did say: maybe we should wait to see what the Supreme Judicial Court says on the constitutional question," Marshfield Town Administrator Michael Maresco said on WBUR's Morning Edition. "Well, they've spoken loud and clear."

Maresco said he's not surprised by the court's ruling.

"We were advised by our town counsel all along that it was constitutional, and we tried to let the town know what the ramifications were," he said.

Under the law, cities and towns that don't comply will lose access to state grant funding. Maresco said there is around $5 to $7 million that Marshfield could lose if they are denied grant opportunities. That money will impact harbor, seawall and river maintenance, he said. It could also threaten funding for the town's commercial boating and fishing businesses.

Maresco said he will work to convince the select board and residents at the spring Town Meeting to pass a zoning proposal that abides by the MBTA Communities Act.

"It is stressful, you know, because we all take an oath of office, whether you're elected or appointed, and that is to follow the rules of the law," Maresco said.

In Marblehead, Select Board Chair Erin Noonan says the loss of grant funding could impact road safety, an active bridge project and protection for the town from future storms.

In May 2024, Marblehead residents rejected a zoning proposal that would bring the town into compliance in a close vote. She said residents weren't critical of the content presented in the original plan. They were more opposed to the exercise of state power.

"It's a little bit in our DNA here to protect autonomy and undue outside influence," she said.

Noonan said the select board will vote to bring that exact same proposal to the town meeting in the spring.

"The idea of being sued by the attorney general should make any town government official shudder," said Noonan. "I think the ruling took the wind out of the sails for a lot of opponents."

Both Noonan and Maresco said they recognize Massachusetts is in a housing crisis and they plan to continue to push for new housing in their towns.