Wrentham Battles State in Court Over Multi-Family Housing Mandate, Citing Unfunded Burdens

Wrentham, Mass. — The small town of Wrentham, Massachusetts, has initiated legal proceedings against the state with concerns over a law mandating municipalities connected to the MBTA to create zoning districts for extensive multi-family housing development. This law insists on the designation for at least 750 units, prompting substantial debate regarding local infrastructure and state support.

Town officials announced on Thursday that a lawsuit was filed in Superior Court as a measure they deem both financially prudent and necessary to challenge the state’s demands. This legal push seeks to secure crucial fiscal data relating to the anticipated impacts on education, public safety, and public works before further compliance is considered.

The MBTA Communities Act, under which this mandate falls, is designed to spur the development of affordable housing in areas serviced by the state’s transit operations. However, the statute has been met with resistance not only from Wrentham but also from other Massachusetts towns such as Middleborough, which recently took similar legal steps after being declared non-compliant by the state.

The contention largely revolves around what these townships view as an unfunded state mandate. They argue that compliance imposes significant financial burdens on local government services and infrastructure. Just last week, State Auditor Diana DiZoglio sided with the towns, labeling the MBTA zoning law as such and urging the state’s housing agency to provide the mandated financial assessments.

Wrentham’s decision followed a local vote where residents overwhelmingly rejected a proposed zoning amendment by 542 to 53 at a special town meeting in December. This outcome highlighted widespread concerns among voters over the lack of state funding to support the law’s requirements.

Town officials maintain that this increased density would necessitate substantial investment in municipal infrastructure. They emphasize the importance of obtaining these financial analyses to adequately equip voters to make informed decisions at future town meetings.

As the situation stands, Massachusetts’ highest judicial authority, the Supreme Judicial Court, upheld the constitutionality of the MBTA Communities Law on January 8, reinforcing the Attorney General’s enforcement powers. Despite this, the struggle underscores a broader dialogue on state versus local control.

Governor Maura Healey has previously expressed that any resistance to this statute is legally baseless, warning that the state might withhold funding from non-compliant towns. This clash represents a significant chapter in the ongoing discourse about housing development, local autonomy, and state intervention in Massachusetts.

Looking ahead, the next town meeting, where these issues will no doubt be a central point of discussion, is scheduled for June 2.

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