Massachusetts Attorney General Andrea Joy Campbell has filed suit against the nine municipalities that have not yet complied with the state’s MBTA Communities Act (MBTACA), a law that requires cities and towns served by or adjacent to MBTA transit service to create zoning districts where multifamily housing is permitted as of right.

The lawsuits were filed after the law reached the five-year compliance window following its passage in 2021. The MBTACA was adopted as part of a broader effort to address Massachusetts’ ongoing housing shortage by increasing housing capacity near public transit. Under the law, affected communities are required to adopt compliant zoning districts and submit a district compliance application to the Executive Office of Housing and Livable Communities. The law does not mandate that housing be built, but it does require zoning that will allow multifamily housing development without special permits.

According to Deputy Press Secretary Allie Zuliani of the AG’s Office, the lawsuits do not seek financial penalties. Instead, the state is pursuing declaratory and injunctive relief, asking the court to formally declare that the municipalities must comply with the law and submit the required zoning documentation. Zuliani also said the lawsuits will be dropped when the municipalities come into compliance.

In a statement accompanying the lawsuit, Campbell framed the issue as a statewide responsibility. “Massachusetts is in a housing crisis – every community in the state has a responsibility to step up and do their part,” Campbell said.

The Attorney General’s Office also emphasized that it has offered guidance and technical assistance to communities working toward compliance. That support included reviewing proposed zoning language ahead of town meetings, answering procedural questions, and providing resources to help municipalities engage with residents. According to the office, these efforts are ongoing and available to communities that are actively moving toward compliance.

In Holden, the timing of the lawsuit comes as the town prepares for a pivotal vote. A Special Town Meeting, to be held at Wachusett Regional High School’s auditorium, is scheduled for February 23, (check-in 6 pm; start-time 7 pm) when residents will be asked to vote on zoning changes required under the MBTACA. A “yes” vote would bring Holden into compliance with the law, allowing the town to avoid potential legal action and preserve eligibility for certain state funding programs tied to compliance.

According to a February Boston.com story, the town of Middleton lost a $2 million safety grant after MBTACA noncompliance. While the grant was awarded in October 2024, the Executive Office of Economic Development warned that it would not be awarded if the town remained noncompliant with Section 3A of the Act. Officials said the loss of state funding halts major safety upgrades at one of the North Shore’s most dangerous intersections. Middleton had brought the MBTACA to town meeting twice, where it failed both times.

Holden Town officials have repeatedly stressed that the MBTACA requires zoning changes, not the immediate construction of housing. However, the upcoming vote will determine whether Holden formally adopts the zoning framework required under state law.

Over the past several months, Holden’s MBTACA working group has been tasked with identifying a zoning district that would have the least impact on the community while still meeting state requirements. The group is made up of representatives from the Select Board, Planning Board, Finance Committee, Conservation Commission, as well as town residents.

In its deliberations, the working group considered factors such as traffic patterns, population density, existing infrastructure, land ownership, and the overall character of the town. Members also weighed public feedback and opposition expressed during meetings and listening sessions. The group has said it believes the proposed zoning overlay minimizes potential impacts should development ever occur. It has identified two sites: the 39-acre Trap Rock site, 2077 Main St. and the 11-acre Halstead Apartments site on Newbury Dr. that when combined make up 50 acres needed to comply with the law.

If Holden voters reject the zoning proposal at the Special Town Meeting, the town could face consequences beyond the pending lawsuit. Under state law, if a municipality fails to adopt compliant zoning, the state may designate a zoning district on the town’s behalf. Town officials have warned that such an outcome would remove local control from the process.

With the Attorney General’s Office actively pursuing enforcement of the MBTACA, the February 23 vote is expected to play a significant role in determining Holden’s legal standing, planning authority, and relationship with the state. W