MA: EDITORIAL: SJC's ruling critical to reach of MBTA zoning mandate

One of the aims of the MBTA Communities Act, legislation enacted in 2021, centered around removing local zoning restrictions that discouraged the production of affordable housing.

Specifically, the law requires 177 Massachusetts cities and towns near public transportation hubs to establish a zone for multifamily units.

Even though previous actions had changed communities' two-thirds approval requirement to a simple majority to pass local zoning changes, resistance remained, especially in more affluent locations.

The elimination of this snob zoning in favor of a level housing construction playing field by targeting communities in or near MBTA facilities appeared the most expeditious way to accomplish that goal, since 177 communities — more than half the state's cities and towns — fit that description.

But while it's premature to predict a trend, the inequity that this law meant to eliminate still exists to a certain degree.

While communities complying with the law to date far outnumber those opposing it, mandatory zoning changes designed to spur housing production have still generated significant pushback.

Some towns, including Dracut, Tewksbury and Wilmington, have outright voted down MBTA zoning.

And pending a ruling by the state Supreme Judicial Court, that sentiment might grow.

Because, depending on how the SJC decides, wealthier MBTA communities might be willing to accept the sanctions tied to rejecting multifamily housing zones — presently losing eligibility for specific state infrastructure and construction grants.

That's why other communities have decided to await the SJC's ruling in a lawsuit over Milton's noncompliance, specifically Attorney General Andrea Campbell's stated authority to take additional enforcement action beyond what's proscribed in the law.

Losing access to that grant pipeline might be acceptable to tony towns, but it's a deal-breaker for communities that rely on that funding stream, including the state's 20-plus Gateway Cities.

That's a decision that Fitchburg, one of those lower-income urban centers, recently faced.

On Dec. 10, Fitchburg's City Council voted 7-2 to approve changes to the city's downtown zoning regulations, bringing the city into compliance with the MBTA Communities Act.

The revised zoning regulations will permit multifamily housing developments by right — circumventing a community's zoning regulations — in designated areas.

It's designed to increase the availability of workforce housing, and promote more inclusive communities.

Council President Anthony M. Zarrella said that the changes will have little immediate practical significance. "The details of the changes are slightly technical, but the practical upshot is that little or nothing will change in the near-term future," he said.

That's because the law doesn't mandate the construction of housing, only that a designated zone be available for development when market conditions permit.

However, Zarrella acknowledged that the changes may make it easier to construct denser housing in the area if existing buildings are demolished or extensively remodeled.

And in Fitchburg's case, the approval of the zoning overhaul maintains the city's eligibility for state grant programs. According to Zarrella, failure to comply with the MBTA Communities Act would have cost Fitchburg the ability to apply for around a dozen grants, including funding for road work, infrastructure, and economic development.

Zarrella noted that the total annual budget for fiscal 2025 is roughly $170 million, and that grant funding amounts to a significant portion of the city's discretionary budget.

Zarrella highlighted the importance of grant funding, stating that it allows the city to take on new projects, encourage development, and assist developers. He noted that grant funding is not used for day-to-day operations, but rather for additional funding that enables the city to stretch its existing budget.

"Even grants amounting to $1-2 million can mean the difference between a 'comfortably' balanced budget and a 'tighten our belts' budget," he said.

Some councilors voted against the measure as a protest against the state's "heavy-handed" mandates. Zarrella said he sympathized with their concerns but noted the changes were necessary to maintain the city's access to critical grant funding.

The City Council's decision follows the recommendation of the Community Development & Planning Board to amend the Fitchburg Zoning Ordinance. The changes will ensure Fitchburg meets the Dec. 31 deadline for compliance.

In recent years, Fitchburg has received various grants, including a MassWorks planning grant to redesign Moran Square, a Massachusetts Downtown Initiative award to develop a marketing plan for the downtown area, and a Brownfields Redevelopment Fund grant to clean up a site for new development.

Additionally, Fitchburg has also received funding from the Site Readiness Program, the Underutilized Properties Program, and the Collaborative Workspace Program. These grants have supported various projects, including the development of housing, commercial and industrial spaces, and community facilities.

It's easy to see why Fitchburg and other Gateway Cities like Lowell and Lawrence have no choice but to accept the MBTA Zoning law, but its language as presently interpreted won't stop communities that can afford to forgo state funds from rejecting it.

That's why all eyes have focused on the SJC.

Justices, who heard the Milton case on Oct. 7, usually render a ruling within 130 days, which means a decision likely will come by mid-February.

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