Paxton and Holden Confront MBTA Communities Act Compliance

As reported last month, Paxton is facing a December 31 deadline to respond to the MBTA Communities Act (MBTACA) by choosing six acres in town that will have a by-right multi-family overlay zone. Four properties have been identified as possible sites: one on Route 31 near the Spencer line, 1105 Pleasant St. which is near the Rutland line, 221 Grove St., and 95 Asnebumskit Rd. 

To help guide its decisions and generate resident input, the town has created an MBTA page on its website. The pages contain FAQs, the property locations, and a survey that asks residents to rank the proposed properties. The results of the survey will determine the final property selection that will be put forward at the December 1 Special Town Meeting.

Andrea Joy Campbell, the Massachusetts Attorney General, has promised to enforce the MBTACA on non-compliant municipalities. Penalties may include the levy of fines, loss of state funding, the judicial appointment of someone who will determine both the location of the property and the wording of the multi-family bylaw, and other consequences. 

To explain the law’s impact on the town, organizers held an in-person meeting on September 18 at the Paxton Senior Center that was attended by about 40 residents. This was followed by a Zoom meeting on September 23 that was attended by just over 20 people. At each meeting, town resident Roberta Brien, a member of the committee working to help the town understand the law and its impact on Paxton, was joined by two consultants, Will Rhatigan from the Citizens Housing and Planning Association and Jeff Davis from Horsley Witten Group. They plan at least one other general meeting that will be held in October, the date for which was not set at press time.

The link to the recording of the Zoom meeting is available on the MBTA page on the town website. Organizers urge residents to go to that page and complete the survey which will guide future steps. As of October 1, only 60 people have completed the survey according to Roberta Brien. 

The final location and multi-family bylaw will be included as warrant articles on Paxton’s December 1 Special Town Meeting.

The Town of Holden has pushed back on complying with the MBTACA. At the town’s May 19, 2025, Annual Town Meeting, voters elected to reject Article 37 that would have done two things: established an MBTACA Multi-family Overlay District and amended the current zoning bylaw to include a new section, the MBTACA Multi-family Overlay District bylaw.

At the meeting, Town Manager Peter Lukes explained to voters that Holden was facing a July 15 compliance deadline. “We spent tens of thousands of dollars with consultants on this….  It took a great deal of time, and I would ask that we at least vote on it tonight.”

When asked in an email for an update on Holden and the MBTACA, Lukes replied:

“The compliance deadline at the time of the Annual Town Meeting was July 15. However, the Attorney General announced that she would forestall enforcement until Jan 1.  Therefore while we may be technically out of compliance, we are “allowed” to be so until then.  

“We have not sought a waiver but the Executive Office of Housing and Livable Communities and the Attorney General have made it abundantly clear to every town that has requested any form of waiver that no waivers of any kind will even be considered. So the option is not available.

We are planning a Special Town Meeting in late February/ early March (2026) at which point MBTACA will be one of the issues that we address there.  In the meantime, the Board of Selectmen has decided to create a “working group” made up of key members from town boards and commissions, town staff, and four residents to try and propose a new map and plan for inclusion of the districts for allowing 750 new units to be zoned in town with the high-density housing model that the MBTACA requires,” Lukes concluded.

On September 12, the Holden Select Board posted on the town website that it is looking for residents to serve on the MBTACA Working Group.  Lukes indicated that the Select Board will appoint the members on October 6. The purpose of this group will be to assist in developing a plan to comply with the MBTACA, collaborate with town staff and consultants to review and select zoning options, engage with the community, and prepare recommendations on how the town should move forward. 

“This work will help guide the Town toward adopting zoning provisions and amendments necessary to meet state requirements,” the post reads.