Holden Pushes Back On State Housing Mandate, While Preparing To Comply

Holden is one of several Massachusetts towns pushing back against the state’s MBTA Communities Act, a 2021 law that requires 177 municipalities near public transit to zone for multifamily housing by right. This week, Holden joined Marshfield, Hanson, Wrentham, and Middleton in seeking a temporary court injunction, arguing the law is an unfunded mandate. The coalition points to a February ruling by State Auditor Diana DiZoglio, which found the law lacks a reimbursement plan and imposes costs that exceed basic administrative expenses.

At the same time, Holden is working with the Central Massachusetts Regional Planning Council to draft a rezoning plan that complies with the law—just in case. Town Manager Peter Lukes said the plan will go before voters at Holden’s May 19 Town Meeting. “We’re working on drafts to create a potential proposal for May that will keep us in compliance with state regulations if voters agree,” Peter Lukes said. If passed, the plan would be submitted to the state.

The legal challenge isn’t unique to Holden. Other communities, like Millbury and Milton, have also pushed back. Millbury initially resisted the mandate, while Milton attempted to change its designation as a high-speed transit community, which would have required even more multifamily units than towns like Holden. However, in January, the state’s Supreme Judicial Court upheld the law’s constitutionality. It ordered the state to revise implementation guidelines and set a new compliance timeline for the 30 remaining outlier towns.

Holden’s mandate is to zone for 750 new multifamily housing units. Though the town itself doesn’t have a transit station, it’s just four miles from Worcester’s Union Station, making it subject to the law. When the law first passed, Peter Lukes said Holden believed compliance was voluntary and tied only to grant eligibility—something the town wasn’t actively pursuing. That changed, he said, when the state “came down with an iron fist,” with both the governor and attorney general warning of consequences for noncompliance.

Attorney General Andrea Campbell has pushed back strongly against Auditor DiZoglio’s findings, calling her assessment “wrong” and pledging to defend the law “vigorously.” Still, the cost concerns remain. There is no official formula for what it costs towns to implement compliant zoning changes, but DiZoglio’s office concluded the financial burden clearly goes beyond incidental expenses.

As Holden prepares to potentially comply, it’s also modernizing outdated zoning laws that haven’t been reviewed in over a decade. “We still had laws regulating typewriter stores on the books,” Peter Lukes said. While the town has seen some multifamily development, Peter Lukes doubts that Holden’s share of 750 units will move the needle on the state’s housing crisis. With construction and land costs high, he worries affordability will remain out of reach. “I’m amazed people are lining up to pay those prices,” he said.

Even as plans move forward locally, Peter Lukes expects the legal questions surrounding the MBTA Communities Act will play out in the courts for some time.

It’s worth noting that, like Holden, Millbury is also subject to the MBTA Communities Act and is required to zone for at least 750 new multifamily housing units at a minimum density of 15 units per acre. Two warrant articles tied to this mandate are on the agenda for the May 6, 2025, Annual Town Meeting. According to an inside source, the Millbury Board of Selectmen is considering filing a petition in Superior Court seeking an exemption, echoing the position of other towns that argue the law is an unfunded mandate—one that places the cost of compliance squarely on local taxpayers. Many residents are expected to oppose the proposed zoning changes once again, with growing sentiment that the law does little to create truly affordable housing for tenants or homeowners. Instead, critics argue, it serves primarily to benefit developers and deepens reliance on high-cost, corporate-owned rentals, in an attempt to eliminate single-family zoning and the American Dream of homeownership, locking people into the corporate rental trap ensuring recurring monthly revenue for landlords and investors.

Active participation—especially voting—at town meetings truly matters and directly shapes outcomes. It’s both your right and your responsibility.

Make Your Voice Heard!

Millbury officials need to respect the will of the people, and it's time to take action.

• Attend and Speak up at the public hearing on Monday, April 14, 2025, beginning at 7:00 PM at the Millbury Town Hall., at 127 Elm Street, Millbury, Massachusetts.

• Vote for change in the April town elections on Tuesday, April 29. 2025, at the Millbury Memorial Junior/Senior High School, at 12 Martin Street, Millbury, Massachusetts. It is important to do your own due diligence on candidates. Elections have consequences.

• Reject these zoning amendments at the annual town meeting on Tuesday, May 6, 2025, beginning at 7:00 PM at the Millbury Memorial Junior Senior High School, at 12 Martin Street, Millbury, Massachusetts.

Accountability matters—stand up for Millbury!

Other communities should contact their own town halls to confirm meeting dates, times, and locations.