The town of Middleboro has launched a legal assault on the state over the MBTA Communities Act, challenging the assertion that they are non-compliant with the housing legislation. This act mandates that towns within the radius of MBTA services create zones for multi-family housing. Middleboro officials, on the other hand, argue that their innovative approach to zoning and housing exceeds the requirements yet remains unrecognized by state algorithms, as reported by WHDH. Town Manager Jay McGrail stated, “Attorney General Andrea Campbell last week characterized those who oppose the act as being against housing affordability. Now we know the truth. The MBTA Communities Act has never been about affordable housing, because Middleboro is far ahead of other communities. The act has only been about increasing housing.”
However, Governor Maura Healey has fired back, insisting that “The law is not an unfunded mandate… We know that Attorney General Campbell and her team will vigorously defend the law, and we’re committed to working with all towns to turn these plans into new housing and lower costs for all of our residents,” as reported by WHDH. Middleboro's lawsuit, filed in Plymouth Superior Court, contends that the town’s existing Smart Growth Zoning District, which allows for multi-family housing at increased densities, more than fulfills the legislative requirements.
Last month, the state's highest court affirmed the legality of the MBTA Communities Act but also invalidated some of its guidelines. The current friction partly stems from Middleboro being cut off from several state funds, consequent to the state's evaluation of compliance. According to John Guilfoil Public Relations LLC, which represents Middleboro, the State Auditor has determined that the Act poses an unfunded mandate. Disagreeing, the state has moved to withdraw promised state aid for Middleboro's public services due to so-called noncompliance.
Amid this controversy, Middleboro boasts a progressive track record in affordable housing, claiming a rate that exceeds 13 percent of its housing stock as affordable. “For generations, Middleborough’s leaders have been thoughtful, responsible stewards of its future. While many towns have fought growth, we’ve embraced it and are a stronger community because of it,” McGrail affirmed, as noted by John Guilfoil Public Relations LLC. Middleboro asserts that its growth strategies are being overlooked and is seeking legal action to support its development efforts and restore necessary funding to the community.
