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PEABODY, MA — As a handful of towns across Massachusetts — including Marblehead — prepare to battle the state over the new MBTA Community Act zoning requirements that tie eligibility for millions of dollars in grant funding to allowing a certain amount of “by right” multi-family housing development, many other towns and most cities have made the changes necessary to be in compliance ahead of the Dec. 31 state deadline.
The topic was in front of the Beverly and Peabody City Councils this week with little objection in Beverly as the city was already overwhelmingly in compliance with the law, while Peabody City Councilors voiced more objection with the spirit of the mandate than necessarily the practical implications of the zoning changes.
The Peabody City Council Industrial and Community Subcommittee voted to keep the zoning changes in committee and delay any action toward compliance.
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The law states that cities and towns with some proximity to MBTA service must allow multi-family development in a certain acreage of the community but does not require that any additional housing or infrastructure be built. Considering that most areas of the districts in question across the state are developed with existing property there are questions about how much new multi-family housing development will actually take place in the short term.
“It’s been a very contentious and acrimonious issue in a number of cities and towns — particularly the smaller towns at town meetings,” said Peabody Mayor Ted Bettencourt, referencing Milton’s ongoing court battle after the state sued the town following its refusal to abide by the law. “That has a much deeper meeting beyond what this specific MBTA Communities Act is. I think it’s going to be a determination that is going to help in terms of (determining) city and town rights to govern their own cities and towns rather than state enforcement.”
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Bettencourt said it was important to move toward meeting the requirements “because there is a lot at stake in terms of potential grant opportunities and funding.”
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Gov. Maura Healey this week announced an additional $15 million in state funding for housing and infrastructure for only the cities and towns in compliance with the MBTA Communities Act. About half of the 130 classified MBTA communities are considered compliant with the zoning requirements with about a dozen deciding either to defy the mandate or delay their decisions until the Milton case plays out in front of the state Supreme Judicial Court.
“A coalition of Democrats and Republicans passed the MBTA Communities Law, and it’s my job to enforce it,” Attorney General Andrea Campbell said in a statement to Patch in response to the Marblehead Select Board’s decision not to bring the zoning changes before a special town meeting by the compliance deadline after they failed to pass at the annual town meeting this past spring. “Compliance with the law is mandatory, and this law is an essential tool to address our housing crisis, which sadly is leading to more and more residents leaving Massachusetts.”
Cities and towns could lose access to millions in state grant funding for climate and transportation projects by being out of compliance, with state officials saying that additional litigation could be forthcoming against the communities to force compliance even if they agreed to forego the grant
funding.
Peabody City Councilor Tom Rossignoll called the law “deplorable legislation” and said, “We have to draw a line in the sand somewhere and this is where I am willing to draw it” in opposing the compliance.”
City Council President Stephanie Peach said that while she also considers it a “gross overstep by the state” it would also be “grossly irresponsible” for the City Council to put the state money at stake in jeopardy out of spite.
“I think we are all hoping this plays out in court and that this is ruled an overstep by the state and we don’t have to do this,” Peach said. “I am not willing to risk the amount of funding we receive from the state by not complying. I wish we were in a position (to do that). But if we put ourselves in that position it’s going to be a very difficult budget year and we’re going to see significant tax increases — more than we’re looking at just on a baseline right now.”
City Councilor Peter McGinn also questioned whether the allowance of by-right multi-family production at market rates could result in Peabody falling below the 10 percent affordable housing threshold that allows it to block “40B developments” that are exempt from many local zoning requirements.
“Two different state mandates that are going to cause us to fall below our 10 percent and lose any safe harbor we have against 40B,” McGinn said. “That’s outrageous.”
“I think that was the intent,” Bettencourt responded. “I think that very thing that you just outlined is one of the state goals so cities and towns can’t (block housing developments).
“That’s the conclusion that could easily be drawn.”
(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at [email protected]. X/Twitter: @Scott_Souza.)
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